Overview
Where a report is received by the University of West of Scotland through Report + Support, our normal process involves getting explicit consent before carrying out an investigation or sharing the report with an external third party.
However, there are certain circumstances when the University may need to investigate or share a report (i.e. with the police or social services) even without your consent.
Our actions will depend on the specific details of each case (and we would aim to work with you as the reporting party to support a disclosure) but examples of where we may have to share information are detailed below.
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:
- 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
- Notify the Local Child Protection Officer, including where the case meets the reporting threshold for a “safeguarding allegation relating to a child”.
- 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 of misconduct committed against an adult at risk
The University may need to do the following in exceptional circumstances:
- 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
- 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. Where others are mentioned in a report, we may decide to take any of the above actions, 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 higher 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