Providers may find themselves involved in safeguarding investigations, whether that is through self-reported matters or because third-parties make a referral or allegation.
A section 42 enquiry can sometimes lead to difficult, protracted and opaque safeguarding investigations. They can lead to embargoes and large-scale investigations. Sometimes contracts can be cancelled and service users moved.
Investigations can be highly disruptive, drain morale and leave services financially vulnerable with reputations damaged.
Providers can find themselves subject to investigations which are fundamentally unfair with incorrect conclusions drawn. Even if the final findings demonstrate there is no basis for the allegation, damage can have already been caused.
Ridouts can help you by:
- securing early and full disclosure of allegations and helping providers respond to them;
- helping providers to present evidence to challenge allegations, where necessary;
- emphasising that authorities should carry out investigations fairly and swiftly;
- attending meetings to help providers put across their case thoroughly and clearly;
- challenging the removal of service users by helping residents secure their own legal representation in conjunction with providers;
- challenging embargoes/suspension of placements and cancellation of contracts;
- challenging procedurally unfair processes and procedures.
Outcomes achieved include:
- Long-running investigations brought to a swift conclusion
- Allegations unsubstantiated
- Successful outcomes at safeguarding meetings
- Embargoes lifted
- Service users not being removed from the service
- Ensuring enquiries fell within scope of s.42 enquiries
