When should a school contact the LADO about a member of staff?

The harm threshold

Keeping children safe in education (KCSIE) 2026, in force since 1 September 2026, splits concerns about adults into two levels: those that may meet the harm threshold, and low-level concerns that don’t (paragraph 435). Only the first goes to the LADO.

An allegation meets the harm threshold when it is alleged that someone working in the school (paid or unpaid, including supply staff, trainee teachers, volunteers and contractors) has (paragraph 437):

• behaved in a way that has harmed a child, or may have harmed a child
• possibly committed a criminal offence against or related to a child
• behaved towards a child or children in a way that indicates they may pose a risk of harm to children
• behaved or may have behaved in a way that indicates they may not be suitable to work with children

The last point covers behaviour outside school that might make someone unsuitable, known as transferable risk (paragraph 438). If you are unsure whether something meets the threshold, KCSIE says to seek advice from the LADO (paragraphs 439 and 518).

Who reports, and how fast

Staff should pass a concern or allegation about a colleague to the headteacher, who considers whether to refer to the LADO. If it’s about the headteacher, it goes to the chair of governors (or the proprietor of an independent school). If the head is also the sole proprietor, or there’s a conflict of interest, staff should report directly to the LADO (paragraph 78).

The person who leads is the case manager: the headteacher, or the chair of governors or proprietor where the allegation is about the head (paragraph 440).

Working Together to Safeguard Children 2026 says the LADO should be informed within one working day of all allegations that come to an employer’s attention (paragraph 264). KCSIE says allegations should be reported without delay (paragraph 440).

What to do first

1. If a child is in immediate danger or has been harmed, contact children’s social care and, where appropriate, the police straight away (paragraph 441).
2. Look after the child. The DSL makes sure the child is safe and refers any suspected abuse to children’s social care (paragraph 442).
3. Make basic enquiries to establish the facts, without jeopardising a police investigation. For example: was the person in school at the time, could they have had contact with the child, were there witnesses, is there CCTV? Your LADO’s local procedure says what information they need (paragraphs 444 and 445).
4. Contact the LADO. The case manager discusses the nature, content and context of the allegation and agrees a course of action (paragraph 442).
5. Agree when to tell the person. This is decided case by case with the LADO, and with social care and the police where involved (paragraph 446).

What the LADO does

The LADO gives advice and guidance. Their role is not to investigate but to make sure an appropriate investigation happens, whether by the police, children’s social care, the school or a combination. In straightforward cases a senior member of school staff normally investigates (paragraph 451). Where there may be significant harm, a strategy discussion is held under Working Together (paragraph 447).

The case manager should hold the first review no later than four weeks after the initial assessment where possible, with later reviews ideally every two weeks and no more than a month apart (paragraphs 453 and 454).

For supply staff, the school still gathers the facts and manages the safeguarding process, working with the agency. Never simply stop using a supply teacher because of a safeguarding concern without finding out the facts and liaising with the LADO (paragraphs 455 and 456).

Suspension

Suspension should not be automatic. Consider it only where there’s cause to suspect a child is at risk of harm, or the case is so serious there might be grounds for dismissal (paragraph 462). First consider alternatives, such as redeployment, having another adult present, or moving the child, but only if that’s in the child’s best interests (paragraph 465). If you do suspend, record why and what alternatives you rejected, and confirm in writing within one working day (paragraphs 467 and 468). Social care and the police can give views but can’t require a suspension (paragraph 469).

Outcomes

KCSIE defines five outcomes (paragraph 482):

• Substantiated: there is enough evidence to prove the allegation.
• Malicious: there is enough evidence to disprove it, and there was a deliberate act to deceive or cause harm.
• False: there is enough evidence to disprove it.
• Unsubstantiated: there isn’t enough evidence to prove or disprove it. This doesn’t imply guilt or innocence.
• Unfounded: there is no evidence or proper basis that supports the allegation.

If an allegation is substantiated and the person is dismissed, resigns or stops providing services, you have a legal duty to refer to the DBS where the criteria are met, and for teaching staff you must consider a referral to the Teaching Regulation Agency (paragraphs 485 and 486).

Resignations, records and references

If the person resigns, keep investigating and record an outcome wherever possible (paragraphs 493 and 494). Don’t use a settlement agreement where the allegation suggests the person poses a risk to children (paragraph 492).

Remove malicious or false allegations from personnel records unless the person agrees to keep them. For substantiated, unfounded and unsubstantiated allegations, keep a clear summary, how it was followed up, the outcome and whether it will be referred to in a reference (paragraph 498). Keep these records at least until the person reaches normal pension age, or for 10 years from the date of the allegation if that is longer (paragraph 500).

References should include substantiated allegations, factually. They should not include allegations found to be false, unfounded, unsubstantiated or malicious (paragraph 502).