Allegations against People in a Position of Trust

A Position of Trust is a position held by any person required to have direct contact with an adult or child, and, due to the nature of their role they are in position to exercise authority, power and control over them.

For example, people working for or on behalf of:

1. Social Care;
2. Health Services;
3. The police and criminal justice system;
4. Housing;
5. Education.

Under Section 47 of the Police, Crime, Sentencing and Courts Act 2022, it may also include people that provide regular coaching, teaching or instruction in sport or religion.  

It doesn't matter whether the person is:

1. Employed;
2. Self-employed;
3. On a permanent or temporary contract;
4. Volunteering;
5. A bank or agency worker;
6. A student.

Note: It does not include informal carers.

All agencies are obliged to raise a concern whenever they believe that someone in a Position of Trust may have:

1. Harmed an adult or child in their Trust;
2. Caused an adult or child to be harmed;
3. Put an adult or child at risk of harm;
4. Attempted to harm an adult or child; or
5. Incited another person to cause harm.

A concern should also be raised if the person is observed behaving in a manner outside of their formal role that indicates they may not be suitable to work directly with adults or children.

The organisation may decide that it is appropriate to take immediate action by way of redistributing or even suspending the person in a Position of Trust.

Until proven otherwise, all action against the person should be done on a 'without prejudice' basis, and in line with the HR procedures of the employer. Employees have the right to know that an allegation has been made, and to access the support of a union or legal representative.