90 Interviews where the ‘person alleged to have caused harm’ has an employer and category 1 above does not apply. Interviews where the ‘person alleged to have caused harm’ fits none of the above categories. (For example, carer directly employed by adult at risk through personal budget, informal carer or other family member or friend family member.) 1. Interviews of a ‘person alleged to have caused harm’ in cases where a police investigation is being undertaken. Where a criminal offence may have been committed the matter should be referred to the Police so that they can decide whether they wish to conduct a criminal investigation. If the Police decide to investigate, they may interview the ‘person alleged to have caused harm’. In such a case no interview should be conducted by the employer or SAP without the consent of the Police. Relevant information from the interview will be presented to the safeguarding meeting. If the case is still under investigation at the time of the ERM, a police update will be available only on the current state of the investigation. If the case has been concluded by police at the time of the ERM, a police update on the outcome of the enquiry will be available. Written interview summaries are not completed by police where a caution has been given or there is no further police action. If the police decide not to interview the ‘person alleged to have caused harm’, paragraph 2 below applies. 2. Interviews with ‘person alleged to have caused harm’ regarding potential criminal matters where the Police do not intend to conduct a criminal investigation or to interview the ‘person alleged to have caused harm’ (including where the service user has declined Police involvement.) Such interviews should not take place if to undertake them would pose an unacceptable risk to the victim, other adults at risk or children. This will be determined by the EM who must make a written record of this decision and the reasons for it. The employer, EM or chair of the meeting will nominate a professional to conduct the interview. Employers will comply with their own procedures regarding such investigations. If the interview is conducted by the allocated SAP or other person nominated by EM or chair of the meeting they will: Explain to the ‘person alleged to have caused harm’ the aims of the interview in the context of a safeguarding enquiry and any ERM that may consider that enquiry. Inform the ‘person alleged to have caused harm’ that they are entitled to have someone in the interview to support him/her. It must be made clear that the role of that person is to support the person and not to respond to questions on their behalf. Inform the ‘person alleged to have caused harm’ that they do not have to attend any interview with the SAP but that if they do not do so the ERM will draw conclusions without their account having been given. Inform the ‘person alleged to have caused harm’ that if they do attend the interview, they do not have to answer any questions they do not wish to. Make them aware that a written record of the interview will be produced. They will be given the opportunity to read and sign the record of interview to indicate that it is a true account of their version of events or to amend the record if it is not. Explain their account will be shared with appropriate professionals at the ERM, stored on the Local Authority computer systems, and will be considered as part of the safeguarding enquiry. Inform the ‘person alleged to have caused harm’ that if any information about a crime becomes known because of the interview it will be shared with the Police. In those circumstances the interview should stop. Every version of the written record must be
RkJQdWJsaXNoZXIy NTIyMzU=