15.13 Resignation and Settlement Agreements
Last updated 21/10/2021
The fact that a person tenders their resignation, or ceases to provide their services, must not prevent an allegation from being followed up in accordance with these procedures and a formal conclusion reached.
A settlement/compromise agreement which prevents the employer from making a DBS referral when the criteria are met for so doing would likely result in a criminal offence being committed for failure to comply with the duty to refer. The organisation must make a referral to the Disclosure and Barring Service to consider whether to add the individual to the barred list. This applies irrespective of whether a referral has been made to Local Authority Children's Social Care and/or the LADO. It is an offence to fail to make a referral without good reason.
Wherever possible the subject of the allegation must be given an opportunity to answer the allegation and make representations. Any enquiries and investigations must continue to a conclusion even if the person refuses to co-operate; decisions will be taken on the strength of what is known in the event that an individual chooses not to make representations.