During your investigation

Reviewing information throughout

New information may come to light while you’re examining concerns about someone’s practice. So we’d advise that managers regularly review the investigation’s progress against local policies, relevant guidance, and the principles in this resource.

Serious concerns might emerge as your investigation progresses. These might need referring to an external organisation, even before your investigation is complete. This may include a referral to a local safeguarding team, the police or a systems or professional regulator.

Reviewing information throughout the process will help to make sure that nothing is missed and concerns are referred as soon as possible, if necessary.

Managing risks

At the outset, you as the employer are best placed to assess any risks that a professional may present if they keep practising, without restriction or supervision, during your investigation.

It’s your responsibility to take immediate steps that may be needed to address any risks to people who use services.

In many cases, you’ll be able to manage these risks during the investigation, while supporting the professional and keeping them in work. Measures might include moving a professional out of a public-facing role, restricting some duties, or providing supervision.

If your employee leaves or may be working elsewhere

If the professional leaves your employment before an investigation is complete, or you believe that they may be working elsewhere as a professional, for example for an agency, consider whether they might present a risk to people using services at a new organisation.

If you think they’ll pose a risk, consider making a referral to us or call our advice line.
Wherever possible, you should continue with and complete your investigation. That way it will be available to us in the event of a referral.

We encourage employers to work together to manage risks associated with someone’s practice. For example, where it’s consistent with their policies about references, former employers can work with prospective employers to share information about concerns, including how to address them. This approach can also help when employers are aware of concerns about someone’s practice, and know the person works for an agency/bank or another employer as well.

Employers should seek their own HR and independent legal advice, to inform a decision about what information to share when asked to provide a reference, or a decision about what information to proactively share with other organisations when a person has left their employment.