Allegations against staff: the record

The rule: what counts as an allegation, and the LADO who oversees it

Part four of Keeping children safe in education 2026 (KCSIE 2026) deals with safeguarding concerns and allegations about people working in or on behalf of schools and colleges in England, paid or unpaid. Its first section covers allegations that may meet the harm threshold. It applies where it is alleged that anyone working in the school or college, "including supply teachers, volunteers and contractors", has:

• "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 he or she may pose a risk of harm to children", or
• "behaved or may have behaved in a way that indicates they may not be suitable to work with children".

The last limb includes behaviour outside school that might make someone unsuitable to work with children – conduct in a person's personal life that raises safeguarding concerns – which KCSIE calls transferable risk (paragraph 438). These four limbs (paragraph 437) are also the threshold for a LADO referral: once something is alleged under any one of them, the case manager should discuss it with the LADO and agree a course of action (paragraph 442). Working Together to Safeguard Children 2026 sets out the same four limbs for everyone who works with children (paragraph 260), and asks every organisation working with children to have an allegations policy that makes "a clear distinction between an allegation, a concern about the quality of care or practice, or a complaint" (paragraph 260). Every school and college should have "their own procedures for dealing with safeguarding concerns or allegations" against staff and volunteers (paragraph 434), consistent with local safeguarding procedures and practice guidance (paragraph 436). Concerns that fall below the threshold are low-level concerns, handled under Part four's second section and a separate policy; our low-level concerns guide covers that record. The two meet in both directions: if a school is "in any doubt" whether a low-level concern in fact meets the harm threshold, it "should consult with their LADO" (paragraph 518), and where a pattern of behaviour moves from low-level concerns to meeting the harm threshold, "it should be referred to the LADO" (paragraph 522).

Oversight sits outside the school. Working Together to Safeguard Children 2026 says local authorities should designate an officer, or team of officers, "to be responsible for the management and oversight of allegations against adults working with children in a paid or voluntary capacity", a role "commonly referred to as the Local Authority Designated Officer (LADO)" (paragraph 262). It adds that the LADO "should also be informed within one working day of all allegations that come to an employer's attention or that are made directly to the police" (paragraph 264). Where the person is registered or regulated by a professional body or regulator, "for example by the Care Quality Commission or Ofsted", the LADO "should advise on whether a referral to that body is appropriate" (paragraph 264). The same framework covers all people who work with children, in charities, sport, early years and care as well as schools, so an allegation against a youth club volunteer follows the same local route. KCSIE is clear about the division of labour: "The role of the LADO is not to investigate the allegation, but to ensure that an appropriate investigation is carried out" (paragraph 451).

Who it covers, and where an allegation goes

Part four covers everyone working in or on behalf of the school or college: employed staff, supply teachers, trainee teachers, volunteers and contractors. It also reaches governors, where the school follows its own procedures and, if an allegation is substantiated, considers removal from office, and organisations using the school premises to run activities for children, where the school informs the LADO as with any allegation.

Paragraph 78 in Part one sets the route every member of staff needs to know, and the staff behaviour policy should set it out:

• an allegation about a member of staff goes to the headteacher or principal, who considers whether an onward referral to the LADO is required,
• an allegation about the headteacher goes to the chair of governors, the chair of the management committee or the proprietor of an independent school, and
• where the headteacher is also the sole proprietor, or there is a conflict of interest, it goes directly to the LADO.

The person who then leads is the case manager: the headteacher or principal, or where the headteacher is the subject, the chair of governors or management committee, or in an independent school the proprietor (paragraph 440). The designated safeguarding lead has a separate job running alongside: making sure the child is not at risk and referring to children's social care where needed (paragraph 442).

Early years. Registered early years providers have an extra duty. The EYFS statutory framework for group and school-based providers from September 2026 requires them to inform Ofsted, or their childminder agency, "of any allegations of harm or abuse by anyone living, working, or looking after children at the premises", and of the action taken, "as soon as is reasonably practicable, but in any event within 14 days" (paragraph 3.10). Failing to do so without reasonable excuse is an offence (regulation 12 of the Early Years Foundation Stage (Welfare Requirements) Regulations 2012). The duty in regulation 8 and paragraph 4 of the Schedule to those Regulations applies whether the allegation relates to harm or abuse on the premises or elsewhere, and also covers any other abuse alleged to have taken place on the premises. That notification, and its date, belongs on the allegation file.

Charities, care and other organisations. Outside schools, for anyone who works with children, the route is the same. Working Together to Safeguard Children 2026 addresses "Employers, school governors, trustees, residential care providers, fostering agencies and voluntary organisations" alike: each should have a clear allegations policy, any allegation should be reported immediately to a senior manager, and the LADO should be informed within one working day (paragraph 264). Registered early years providers must take Working Together into account under paragraph 3.9 of the EYFS, so that route applies to them alongside the Ofsted notification. Adult social care is different: under the Care and support statutory guidance, each safeguarding adults board should agree the framework for allegations against people who work with adults with care and support needs (paragraph 14.121), and where a person's conduct towards an adult "may impact on their suitability to work with or continue to work with children", this must be referred to the local authority's designated officer (paragraph 14.124). A registered charity's trustees also answer to the Charity Commission, whose guidance on reporting a serious incident in your charity says you need to make a report if a serious safeguarding risk materialises. This will usually be where alleged or actual abuse or mistreatment of a beneficiary has resulted in or risks significant harm to them, and the guidance points to abuse that "happened while they were under the care of the charity" and to cases where "someone connected with the charity, for example a trustee, staff member or volunteer, was responsible for the abuse or mistreatment (alleged or actual)". The report should be made promptly, even if the matter has also been reported to the police or another regulator. Like the Ofsted notification, the date of that report belongs on the allegation file.

Supply staff are a common gap. KCSIE says the school remains responsible for gathering the facts and managing the safeguarding process while working with the agency, which usually leads on any disciplinary action, and that "in no circumstances" should a school stop using a supply teacher over a safeguarding concern "without finding out the facts and liaising with the LADO" (paragraphs 455 and 456). The same expectations apply to trainee teachers, with the training provider in the agency's place.

What to record at each stage

An allegation file is built in stages, and a gap at any one of them shows. Each entry should be dated, say who wrote it, and separate what was reported from what was found and what was decided.

1. The report. Who raised it, when, how and to whom; the words used, as close to verbatim as possible; the child or children involved; and the time it reached the headteacher or case manager.
2. Immediate safety. Whether a child had been harmed, there may have been an immediate risk of harm to a child or the situation was an emergency, and if so the call to children's social care and, as appropriate, the police and its time (paragraph 441). The designated safeguarding lead's actions for the child belong in the child's own file as well.
3. Basic enquiries. KCSIE expects schools to conduct basic enquiries in line with local procedures before contacting the LADO, to establish the facts and help determine whether there is any foundation to the allegation, "being careful not to jeopardise any future police investigation" – for example whether the individual was in school at the time, whether they could have come into contact with the child, whether there were witnesses and whether there is any CCTV footage (paragraph 444). Record what was checked and what was deliberately not done.
4. The LADO referral. The date and time, who spoke to whom, the information given and the advice received, including on when to tell the individual (paragraph 446), and the course of action agreed: the case manager "should discuss with the LADO the nature, content and context of the allegation, and agree a course of action" (paragraph 442). What the LADO needs at first is set locally: schools "should be familiar with what initial information the LADO will require", which "can be found in local policy and procedural guidance provided by the LADO service" (paragraph 445), and the local LADO's details "should be easily accessible on your local authority's website" (paragraph 78). Many local authorities publish their own referral form or online referral portal, so find yours before you need it.
5. No further action, if that is the decision. The case manager and the LADO should "record the decision and justification for it" and agree what is put in writing to the individual and by whom (paragraph 450).
6. Suspension or its alternatives. Suspension "should not be an automatic response" (paragraph 462). If it is considered necessary, the case manager "should record the rationale and justification", including the alternatives considered and why they were rejected (paragraph 467), and give written confirmation "within one working day" (paragraph 468). The employer should not leave a suspended person without support, and should tell them at the point of suspension who their named contact is within the organisation and give them that person's contact details (paragraph 468).
7. Support and communication. The employer's duty of care to the accused member of staff: informing them "as soon as possible", advising them to contact a trade union representative or colleague, appointing "a named representative to keep the person informed about the progress of the case", and providing access to counselling or medical advice where appropriate (paragraph 471). The parents or carers of the child or children involved should be formally told about the allegation as soon as possible, with the case manager consulting the LADO and, where involved, children's social care and/or the police on what information can be disclosed, and "kept informed about the progress of the case, only in relation to their child" (paragraph 472). Record who else was told what, with the advice agreed on managing speculation, leaks and gossip (paragraph 481).
8. Reviews. The first review should take place "no later than four weeks after the initial assessment" where possible, with later reviews "ideally at fortnightly (and no longer than monthly) intervals" (paragraphs 453 and 454). Each review is an entry.
9. The outcome and referrals. The outcome, using KCSIE's definitions (section 04), and any referral to the Disclosure and Barring Service or consideration of a referral to the Teaching Regulation Agency, with the reasoning.

Confidentiality runs through all of it. The school "must make every effort to maintain confidentiality and guard against unwanted publicity while an allegation is being investigated or considered" (paragraph 476). Information "should not ordinarily be shared with other staff or with children or parents who are not directly involved in the investigation" (paragraph 470), and reporting restrictions in section 141F of the Education Act 2002 prevent any publication likely to lead members of the public to identify a teacher at a school as the subject of an allegation, made by or on behalf of a registered pupil at that school, that they are or may be guilty of a criminal offence against a registered pupil there. The restrictions end once proceedings for the offence are instituted, or if the Secretary of State publishes information about an investigation or decision under section 141B. They also end if the teacher publishes the matter or another person does so with the teacher's written consent, and a magistrates' court can dispense with them in the interests of justice (paragraphs 476 to 479). The record should show that the school told parents about those restrictions where it needed to.

The outcome, what stays on file, and for how long

KCSIE 2026 sets five outcome definitions (paragraph 482), and the record should use them exactly, because each has a different consequence for the file and for references:

• Substantiated: "there is sufficient evidence to prove the allegation".
• Malicious: "there is sufficient evidence to disprove the allegation and there has been a deliberate act to deceive or cause harm to the person subject of the allegation".
• False: "there is sufficient evidence to disprove the allegation".
• Unsubstantiated: "there is insufficient evidence to either prove or disprove the allegation", which "does not imply guilt or innocence".
• Unfounded: "no evidence or proper basis which supports the allegation being made".

Paragraph 498 then divides the file. Details of allegations found to be malicious or false "should be removed from personnel records unless the individual gives their consent for retention of the information". For substantiated, unfounded and unsubstantiated allegations, the following should be kept on the file of the person accused:

• a clear and comprehensive summary of the allegation,
• details of how the allegation was followed up and resolved,
• a note of any action taken, decisions reached and the outcome,
• a copy provided to the person concerned, where agreed by local authority children's social care or the police, and
• a declaration on whether the information will be referred to in any future reference.

KCSIE gives the purpose in paragraph 499: to allow accurate information in any future reference, to provide clarification where a later DBS check discloses police information about an allegation that did not lead to a conviction, and to "help to prevent unnecessary re-investigation if, as sometimes happens, an allegation re-surfaces after a period of time". Retention follows from that: records should be kept "at least until the accused has reached normal pension age or for a period of 10 years from the date of the allegation if that is longer" (paragraph 500). The Department for Education's record-keeping guidance for schools sets the same period for allegations, "including unfounded allegations".

Two practical points follow. The record is a personnel record, held securely and separately from the child's child protection file, which holds its own account of the welfare response. And access should be limited to the people who need it: the headteacher, HR and the designated safeguarding lead, not the wider leadership team by default.

References, leavers and lessons learned

References. Allegations found to be false, unfounded, unsubstantiated or malicious "should not be included in employer references", and neither should repeated concerns that have all been found so. A false allegation therefore does not reach the person's next employer in a reference from the school. "Substantiated safeguarding allegations that meet the harm threshold should be included in references, provided that the information is factual and does not include opinions" (paragraph 502). The declaration kept on file under paragraph 498 is what makes that decision consistent when the reference request arrives years later and the case manager has moved on.

When the person leaves. Schools "should not cease their investigations if the person leaves, resigns or ceases to provide their services" (paragraph 493). The process of recording the allegation and reaching a judgement should continue even if the person does not cooperate, because "it is important to reach and record an outcome wherever possible" (paragraph 494). The person concerned should be notified of the conclusion of the allegations and any sanctions. Settlement agreements should not be used where allegations indicate the person is or poses a risk of harm to children or is deemed not suitable to work with children, and none should stop the employer referring to the DBS, giving a reference or considering a referral to the Teaching Regulation Agency (paragraphs 492 to 497).

The referral duties. There is a legal requirement to refer to the DBS where the school removes someone from regulated activity, or would or might have done had they not left, and believes they have engaged in relevant conduct, satisfied the harm test or been cautioned or convicted of a relevant offence (paragraph 428). For teachers, employers must consider a referral to the Teaching Regulation Agency where they dismiss or cease to use a teacher for serious misconduct, or might have done had the teacher not left (paragraph 432). The Department for Education's advice Teacher misconduct: the prohibition of teachers adds that, where the employer is in any doubt, a referral should be made, and that all referrals should be made promptly. The decision and its reasoning belong on the file whether or not a referral is made. Since 1 September 2026 supervised roles are no longer taken out of regulated activity: those who work closely and frequently with children are in regulated activity whether they are supervised or not, so the DBS duty can now reach supervised staff and volunteers.

Lessons learned. At the end of a substantiated case the LADO and the case manager review whether the school's procedures should change, including any use of suspension (paragraph 503); for other outcomes the case manager should consider whether lessons can be learned (paragraph 504). Record the review and what changed. Non-recent allegations are handled differently: an adult reporting abuse as a child is advised to go to the police, and a non-recent allegation made by a child is reported to the LADO "in line with the local authority's procedures for dealing with non-recent allegations" (paragraph 505).

Where the allegation first arrived

Part four assumes a report arrives at the headteacher's door. In practice the first sign is often a message. A parent texts the class teacher whose number they have: "can I speak to you about something Mr X said to my daughter?" A teaching assistant messages the deputy head on a Sunday evening: "I'm not sure if this is anything, but…" The head replies from home, "leave it with me, I'll speak to him first thing", and has in that sentence made a decision the file should record. By Monday lunchtime there is speculation in a staff group chat that the case manager will later be asked to manage.

Each of those messages is part of the allegation record. The words first used, the time the school first knew and the first decision are exactly what a LADO, a tribunal or a future reviewer will ask about, and what paragraph 498's "clear and comprehensive summary" has to be built from. When they sit on personal phones, the school's record starts at the point someone typed it up. If the account later changes, or the member of staff who received the text leaves, the school cannot show what was actually said.

The answer is not to discourage people from raising something the way that comes naturally to them. It is to give work conversations somewhere to happen that the school controls. ComplyChat provides a channel for them, with everyone added told it is on the record, and a mobile number verified by SMS is an identity on it, so a parent or a volunteer without a school account can be in the conversation. Messages are recorded on the server as they are sent, and on paid plans, once the school's Microsoft 365 tenant is connected, conversations are kept there, under the retention schedules the school already runs. ComplyChat is not an HR or case-management system and does not replace the allegations file; it is where the first words can be kept. ComplyChat Free is personal messaging with one private group, direct messages and three calendar months of recent history, with no Microsoft 365 archive, so it is not somewhere to keep a record for the retention period above.

A question for the next leadership or governors' meeting: for the last allegation the school handled, could we produce the first message in which it was raised, and the first reply – and if not, where are they?

Questions people ask

What should you do if an allegation is made against a member of staff?

Report it without delay to the headteacher or principal, or, if it is about the headteacher, to the chair of governors, the chair of the management committee or the proprietor, as paragraph 78 of KCSIE 2026 sets out; where a child has been harmed, there may be an immediate risk of harm to a child or the situation is an emergency, the school should contact local authority children's social care and, as appropriate, the police immediately. Working Together to Safeguard Children 2026 says any allegation against people who work with children should be reported immediately to a senior manager within the organisation, and the local authority designated officer (LADO) should be informed within one working day.

What is classed as a serious allegation against staff?

An allegation is handled under the first section of Part four of KCSIE 2026 when it may meet the harm threshold: that someone working in the school has harmed or may have harmed a child, possibly committed a criminal offence against or related to a child, behaved towards children in a way that indicates they may pose a risk of harm, or behaved or may have behaved in a way that indicates they may not be suitable to work with children. A concern that does not meet the harm threshold is a low-level concern, dealt with under the school's low-level concerns policy.

What are examples of safeguarding allegations against staff?

Examples follow KCSIE's four limbs: a claim that a teacher hurt a pupil, that a member of staff committed an offence against or related to a child, or that a volunteer behaved towards children in a way suggesting a risk of harm. They also include conduct outside school, such as behaviour in their personal life that might make them unsuitable to work with children, which KCSIE 2026 calls transferable risk and says should be assessed where appropriate, with advice from the LADO if in doubt.

What is a LADO?

A LADO is the Local Authority Designated Officer: the officer, or team of officers, that each local authority in England should designate to be responsible for "the management and oversight of allegations against adults working with children in a paid or voluntary capacity", under paragraph 262 of Working Together to Safeguard Children 2026. The LADO does not investigate: KCSIE 2026 says "The role of the LADO is not to investigate the allegation, but to ensure that an appropriate investigation is carried out" (paragraph 451). Any employer or voluntary organisation whose staff or volunteers work with children, including schools, early years providers and charities, should inform the LADO within one working day of an allegation coming to its attention (Working Together, paragraph 264).

What is the threshold for a LADO referral?

In England, an allegation goes to the LADO when it is alleged that an adult working with children, paid or unpaid, has behaved in a way that has harmed or may have harmed a child, possibly committed a criminal offence against or related to a child, behaved towards children in a way that indicates they may pose a risk of harm, or behaved or may have behaved in a way that indicates they may not be suitable to work with children (Working Together to Safeguard Children 2026 paragraph 260; for schools and colleges, KCSIE 2026 paragraph 437). A concern below that harm threshold is a low-level concern. If a school is in any doubt whether a concern meets the threshold, KCSIE says it should consult its LADO (paragraph 518), and a pattern of low-level concerns that comes to meet the threshold should be referred (paragraph 522).

When should a LADO first be contacted?

Within one working day. Working Together to Safeguard Children 2026 says any allegation against people who work with children should be reported immediately to a senior manager, and the LADO "should also be informed within one working day of all allegations that come to an employer's attention or that are made directly to the police" (paragraph 264). The national text says one working day, not 24 hours. Before that contact, KCSIE 2026 expects basic enquiries only, in line with local procedures – whether the person was on site at the time, whether they could have had contact with the child, any witnesses, any CCTV – "being careful not to jeopardise any future police investigation" (paragraph 444). Where a child has been harmed, there may be an immediate risk of harm to a child or the situation is an emergency, children's social care and, as appropriate, the police are contacted immediately.

What should a LADO referral record include?

What the LADO needs at first is set locally: KCSIE 2026 says it "can be found in local policy and procedural guidance provided by the LADO service" (paragraph 445), and many local authorities publish a referral form or online referral portal. The school's own record of the referral should hold the date and time, who spoke to whom, what was reported and the basic enquiries made, the advice received, including on when to tell the individual (paragraph 446), and the course of action agreed with the LADO (paragraph 442). If the decision is no further action, the case manager and the LADO should "record the decision and justification for it" (paragraph 450).

What happens when a teacher is referred to the LADO?

The case manager, usually the headteacher, discusses "the nature, content and context of the allegation" with the LADO and they agree a course of action (KCSIE 2026 paragraph 442). That may be a strategy discussion where there is cause to suspect a child is suffering, or is likely to suffer, significant harm (paragraph 447), no further action with the decision and its justification recorded (paragraph 450), or further enquiries. The LADO does not investigate but ensures an appropriate investigation is carried out, "whether that is by the police, local authority children's social care, the school or college, or a combination of these" (paragraph 451). The outcome is then determined using KCSIE's five definitions (paragraph 482), and any disciplinary action is a decision for the person's own employer, not the LADO (paragraphs 455 and 488). Where the person is subject to registration or regulation by a professional body or regulator, the LADO advises whether a referral to that body is appropriate (Working Together 2026, paragraph 264).

What happens if you get reported to the LADO?

The employer should inform the person "as soon as possible", explaining the likely course of action as guided by the LADO, advise them to contact a trade union representative or a colleague, and appoint a named representative to keep them informed about the progress of the case (KCSIE 2026 paragraphs 446 and 471). Suspension "should not be an automatic response" (paragraph 462). The employer, not the LADO, decides any disciplinary action, although the LADO may discuss with the case manager whether it is appropriate, and for agency staff the agency usually leads on it (paragraphs 455 and 488), and an allegation found to be false, unfounded, unsubstantiated or malicious should not be included in an employer reference (paragraph 502).

Official guidance and your next step

The primary source is Keeping children safe in education 2026, Part four, section one (paragraphs 434 to 505), with paragraphs 77 to 79 in Part one on reporting and paragraphs 427 to 433 on the DBS and Teaching Regulation Agency referral duties. Section 52 of 2026 c. 21 amends the Education Act 2002 provisions behind the Teaching Regulation Agency duty, extending them to further settings such as independent educational institutions, further education institutions and online education providers. It came into force at Royal Assent only for specified purposes, so check the current position for your setting. Working Together to Safeguard Children 2026 sets out what counts as an allegation, the local authority's role, and that the LADO should be informed within one working day of any allegation, at paragraphs 260 to 264, and the duty to refer to the Disclosure and Barring Service at paragraphs 265 and 266. Section 85 of the Crime and Policing Act 2026 will add a duty on people aged 18 or over engaged in a relevant activity in England, including regulated activity relating to children, to notify the police or the local authority as soon as practicable if they are given reason to suspect a child sex offence may have been committed. It was not shown as in force when this guide was checked, so confirm the current position. Your local authority publishes its own allegations procedure and LADO contact details, and the information it expects on referral. KCSIE also points to the ICO's guidance on employment records. The Information Commissioner's functions transferred to the Information Commission on 30 September 2026, so that guidance may now appear under the new name. Data protection law has been amended by the Data (Use and Access) Act 2025, whose data protection provisions have been brought into force in stages, so check that any page you read reflects the amended law. Quotations here are from the 2026 editions as published.

This guide is a practical summary for schools and colleges in England, not legal or employment advice about an individual case. Take advice from your LADO, your HR provider and, where needed, a solicitor.

Then do one thing: open the allegations records for the last three years and check each against the list in paragraph 498. For every file, is there a summary, the follow-up, the outcome in KCSIE's terms, a copy provided to the person concerned where agreed by children's social care or the police, and a declaration about references – and have the malicious and false ones been removed, unless the individual consented to their being kept?