Overview
Where a report is received by the University of York through the Report and Support Tool, the University will ordinarily only carry out an investigation or share the report with an external third party with your consent. In the vast majority of cases your consent will be central to how and if information is shared. However, there are certain circumstances when the University may need to investigate or make an external report even without your consent. Details of the most likely circumstances are set out below. This list is not intended to be exhaustive and the actions taken will depend on the specific circumstances of each case. These are the most exceptional and severe circumstances and we would still try and seek consent to discuss your wishes, depending on time factors, in most cases.
An allegation of misconduct committed against a student who is under the age of 18
The University may need to do the following in exceptional circumstances:
1. Report the matter to the police and/or social care services, including where:
1. Report the matter to the police and/or social care services, including where:
- A child is in immediate danger or is at risk of harm
- A crime is in progress
- There is evidence of a possible criminal offence
- Life is at risk.
2. Notify the Local Authority Designated Officer (LADO), including where the case meets the reporting threshold for a “safeguarding allegation relating to a child”.
3. Investigate the matter further in accordance with the University’s internal policies. In deciding whether to investigate in such circumstances, the University will consider, for example, the seriousness of the incident or where multiple allegations have been made against an individual.
3. Investigate the matter further in accordance with the University’s internal policies. In deciding whether to investigate in such circumstances, the University will consider, for example, the seriousness of the incident or where multiple allegations have been made against an individual.
An allegation misconduct committed against an adult at risk
The University may need to do the following in exceptional circumstances:
1. Refer the matter to adult social care and/or police including if:
1. Refer the matter to adult social care and/or police including if:
- An adult at risk is in immediate danger or is at risk of harm
- A crime is in progress, has occurred or may occur
- If life is at risk
- If the University otherwise judges that a referral to adult social care is necessary in accordance with our Safeguarding Policy.
2. Investigate the matter further in accordance with the University’s internal policies. In deciding whether to investigate in such circumstances, the University will consider, for example, the seriousness of the incident or where multiple allegations have been made against an individual.
An allegation about misconduct committed against another staff member or student over the age of 18
The University may need to do the following in exceptional circumstances:
- Report the matter to the police including if a serious crime is in progress, has occurred or may occur, or life is at risk.
- Refer the matter to the police on a “no names” basis or - on a case by case basis - on a named basis, including if there is a risk to the safety or wellbeing of the reporting party whether or not they are the victim.
- Investigate the matter further in accordance with the University’s internal policies. In deciding whether to investigate in such circumstances, the University will consider, for example, the seriousness of the incident or where multiple allegations have been made against an individual.
Anonymous Reports
If a report is received anonymously by the University, then we may decide to take any of the above actions on a “no names” basis for the anonymous report. We may decide to take any of the above actions on a “no names” or named basis for others mentioned in the report depending on the information received in line with the examples above.
Definitions
A “child” is anyone who has not yet reached their 18th birthday. The fact that a child has reached 16 years of age, is living independently or is in further education does not change their status or entitlements to services or protection.
An "adult with care and support needs" or “adult at risk” – to whom safeguarding duties apply – is a person aged 18 or over who:
- has needs for care and support (whether or not the local authority is meeting any of those needs);
- is experiencing, or is at risk of, abuse or neglect; and
- as a result of those needs is unable to protect himself or herself against the abuse or neglect or the risk of it.
A “safeguarding allegation relating to a child” is an allegation that a person 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 they may pose a risk of harm to children.