Case Review

1. PURPOSE OF CASE REVIEW

Case reviews take place to establish whether there are lessons to be learned about the ways in which a concern has been investigated and responded to. Reviewing a concern allows the Club to consider:

How the Responding to Concerns Procedure was implemented; and

· The effectiveness of the Responding to Concerns Procedure; and

· Informing policy and improving practice with regard to wellbeing & protection matters.

2. DECIDING TO CONDUCT A REVIEW

The Club will follow the criteria set out below when considering and establishing a case for review.

The harm or risk of harm to a child was high; and/or

1. Views expressed by those involved in the case have raised concern about the way it was handled; and/or

2. There was a clear failure of procedure in handling the case: and/or

4. The case attracted a significant amount of media interest; and/or

5. The case concerned an unusual practice or behaviour; and/or

6. The case took a significantly long period of time to resolve; and/or

7. The Board decides a review is appropriate.

A case deemed eligible for review may be a particular concern or matter or, in some cases, may be cumulative concerns.

From time to time, the Club may, internally, take a sample of cases to review to ensure the level of service provided in case management is consistent and to highlight any learning to take forward into future cases.

3. IDENTIFYING WHO UNDERTAKES THE REVIEW

The Club will appoint a case reviewer, who may be internal or external to the Club. The case reviewer, whether internal or external, will have expertise in the area of concern. These skills may differ according to the circumstances of each case and the agreed role of the case reviewer.

External Case Reviewer

The following criteria will be considered when deciding whether the case review should be external to the club.

· Are the recommendations likely to influence and/or change practice across the whole of Scottish football?

· Was the risk of harm to the child high?

· Has the case attracted a significant amount of media interest?

· Is there a lack of experience and knowledge internally regarding the nature of the case?

· Have the Board expressed a preference towards an external reviewer as being more appropriate?

Where the answer has been yes to one or more of the criteria above, there is a presumption that an external case reviewer will be appointed by the club. The club continue to have an overview of the review and will set out clear expectations in respect of timescales (see section below), milestones in the process and deadlines for completion of reports, but will not have any input into the findings or recommendations of the review.

Where an external reviewer is commissioned, consideration will be given to any formal contractual arrangements required, appropriate legal advice sought, which agencies will enter into the arrangements (if any) and a contract drawn up covering timescales, fees and confidentiality, including data protection.

Internal Case Reviewer

Reviews may also be undertaken internally, and a case reviewer will be appointed from within the club.

A case will not be reviewed by any individual who had an involvement in the concern or incident, either as a named individual or witness, in the matter of concern.

4. TIMESCALES FOR REVIEW

It is desirable that the case review should be undertaken as speedily as feasible, and all cases will aim to be reviewed within an 8-week period from the point the case reviewer has been appointed and received all evidence and correspondence relating to the case.

Timescales will be open to change due to particular circumstances relating to each case. Where an extension is necessary, a progress report and explanation for the extension must be submitted for approval to the club’s chair.

5. FIRST STEPS OF THE REVIEW

After an individual has been identified, the Case Reviewer will give consideration to where there may be some outstanding investigations or proceedings that are still ongoing. These considerations will be:

1. Is there a Police and/or social work protection investigation still ongoing?

2. Is there a criminal investigation by the police still ongoing?

3. Are there any related legal proceedings in relation to the case?

If the answer to any of these questions is yes, the review cannot proceed until any of the above has concluded.

6. OTHER CONSIDERATIONS

If the review can proceed, the case reviewer will need to consider how people may feel about the case being reviewed and the possible impact this could have. These reviews are not in place to reopen concerns or reinvestigate them. All evidence and correspondence relating to the concern itself will be considered, and only in exceptional circumstances will contact be made with those involved, e.g. parents, children and witnesses for opinions or comment.

People may feel anxious about their actions being scrutinised, but it should be made clear at the start of the review what it is set out to achieve to relieve any concerns, for example:

“I’ve been asked by the club to review how the organisation dealt with the concerns about XXXXX. This will consider how procedures were followed and whether appropriate action was taken to protect those involved. I understand that you were involved in this case, but I would like to clarify that this review is in place to…”

Throughout the case review, the case reviewer will make a record of the review and its findings. This may not be a lengthy report, although a full report may be appropriate in certain circumstances. Generally, any record of a review should contain the following information:

The source of the concern.

· The nature of the concern.

· A chronology of events, individuals and organisations involved.

· Action taken.

· An analysis of the key issues or matters linked to the aims of the review.

· Any other relevant points or observations.

· Lessons to be learned and changes to be made.

· Recommendations.

CASE REVIEW PROCEDURE

1. Establish the facts of the case, a chronology of events and the roles of those involved

Setting out the actual sequence of events will help the case reviewer to understand what happened, when, and who was involved; for example:

23 April 2018 Young person discloses physical abuse to their coach during a training session

23 April 2018 Coach reports the matter to the Child Wellbeing and Protection Officer

24 April 2018 Advice sought by CWPO from DC Smith at the Family Protection Unit, Police Scotland and the disclosure is reported to the police

25 April 2018 CWPO speaks to the coach about any appropriate support for the young person

2. Identify any issues of key questions related to the aims of the review

The case reviewer should then be able to answer the questions contained in the specific remit of the review. If the case reviewer considers that a child or young person may still be at risk despite action taken during the case or as a result of failure to take appropriate action, they should be prepared to act.

Any urgent issues should be addressed immediately without waiting for the conclusion of the review.

3. Identify any other relevant points or observations

The case reviewer may identify issues which are worth exploring further. These may include:

PROCEDURES

Were the relevant procedures followed?

If not, is there a reasonable explanation for this?

Were the timescales appropriate?

Do the current procedures provide adequate information about what to do?

If appropriate, was a referral made to Disclosure Scotland as required by law?

PEOPLE

Were the right people involved?

Were the views of the child/family obtained?

Were those involved aware of the procedures?

Had the people involved been trained?

Where appropriate, were external organisations involved, for example, the police or governing body of sport?

OUTCOMES

Was the outcome appropriate in the case?

If not, why not?

Is there a need to take further action in this case, for example, referring the case to the

police/social work?

Were the right people told the right things about the outcome?

RECORDING

Were records kept?

Is the quality of the information recorded satisfactory?

Can the forms be improved?

4. Identify any lessons to be learned, changes needed and make recommendations

If the case reviewer has gone through the above table and can identify gaps or missed opportunities, then this will inform the case reviewer’s recommendations.

Recommendations may include things like changes to procedures, forms and/or the provision of training. It may be helpful for the case reviewer to prioritise the recommendations, for example, essential, desirable or helpful.

5. Responding to the Findings and Recommendations

Recommendations will be reported to the club’s chair.

The report should include the recommendations only and not any details about the case, in order to preserve the child or young person’s privacy, as well as that of others involved. The club will consider how to respond to the findings, any recommendations and how to advise/support any others on whose behalf it has conducted the review.

Where recommendations are to be followed, the club will identify:

· the priorities;

· what action is required;

· who will take action to address the recommendations; and

· timescales for completion.

This information must be clearly communicated to those involved.

If it is decided not to follow any recommendations, this decision and the reasons shall be clearly recorded. The chair will consider whether this decision requires further action, e.g. the club’s Board or any interested parties, e.g. persons involved in the concern or the individual who conducted the case review.

Remember that many of the details of the case will be confidential, so any information shared must be presented in a way that protects the anonymity and privacy of those involved.