Insight · Social Care
A carer has been accused of misconduct: what should you do first?
A client, a family member or a colleague has raised a concern about one of your carers. What you do in the first few days matters most.
Published 21 October 2026
Insight · Social Care
A client, a family member or a colleague has raised a concern about one of your carers. What you do in the first few days matters most.
Published 21 October 2026
Key points
Start with the person who may have been harmed. Make sure they are safe, get medical help if needed, and call the police if a crime may have happened.
Then write down what was reported, who reported it, when, and what you did. Keep care notes, call logs and rotas safe. (These are our practical suggestions.)
In Wales, the Wales Safeguarding Procedures (Section 5) cover allegations about people who work with adults at risk. They say the employer should, where appropriate, report to social services (the Designated Officer for Safeguarding (DOS), or the LADO for children). The employer must also assess the risk, decide if the worker can safely carry on in their role while the process runs, and give the worker welfare support.
In England, follow your local authority's adult safeguarding procedures.
Often it is both. They are two separate tracks. Safeguarding protects the person. Your employment investigation decides whether the carer did something wrong at work.
Social Care Wales says that, wherever possible, you should continue with and complete your own investigation and reach a conclusion. Ask whether your investigation needs to wait for any police enquiry, and write down the answer.
Not by default. Acas says it is usually best to avoid suspension if possible. You should only consider it if you reasonably believe it would protect the investigation, the business, other staff or the person being investigated.
Acas lists other options, such as changing shifts or working in a different part of the organisation. The Wales Safeguarding Procedures talk about alternative duties, support or restrictions. In care, that might mean office work, or no lone visits to the client involved (our examples).
If you do suspend, Acas says:
The Acas Code says you should make it clear that suspension is not a disciplinary action. It does not mean the carer has done anything wrong.
The Acas Code of Practice on disciplinary and grievance procedures sets the standard a tribunal will look at. It says:
Acas consulted on a draft new Code until 23 September 2026. The current Code has been in force since 11 March 2015, and it still applies until a new Code is brought in.
Our view: in a small agency, the manager often knows the carer, the client and the family. If the manager is involved or close to anyone in the case, an independent investigator protects the fairness of the outcome.
Care Inspectorate Wales (CIW). Under the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, you must notify the regulator of the events in Schedule 3. These include any abuse or allegation of abuse involving the service, its staff or volunteers, and any allegation of misconduct by a member of staff. Notify without delay and in writing, in the way CIW asks.
Care Quality Commission (CQC), England. Regulation 18 of the CQC (Registration) Regulations 2009 says you must notify CQC without delay of any abuse or allegation of abuse in relation to a person using the service.
Social Care Wales. Social Care Wales says to think about referrals during your investigation, including to its fitness to practise team. If, at the end of your investigation, you are not sure whether to refer, email ftp@socialcare.wales.
Check your contracts with commissioners too. They may have their own reporting rules (our suggestion).
The Disclosure and Barring Service (DBS) says providers of regulated activity have a legal duty to refer when two conditions are met:
A temporary suspension may not trigger the duty. It depends on whether you have enough information to meet the criteria. If you dismiss the carer or remove them from regulated activity, you need to refer.
Failing to refer without reasonable excuse is a criminal offence and can lead to a fine. The DBS also says to complete your investigation even if the person has left.
No law says you must suspend. Acas says it is usually best to avoid suspension if possible and to look at other options first. In care, the person's safety comes first, so decide based on the risk, look at options such as different duties, and write down why you chose what you did.
Not automatically. Social Care Wales says that, wherever possible, you should continue with and complete your own investigation. Ask the local authority, and the police if they are involved, whether your investigation could get in the way of theirs, and record their answer. Keep in touch with the carer while you wait.
The DBS says you should complete your investigation and disciplinary process even if the person has left. You must still refer to the DBS if you would have removed them from regulated activity and the other condition is met. Social Care Wales also asks you to consider whether they could be a risk at a new employer.
Yes. In Wales the notification is triggered by the allegation, not by the outcome. Schedule 3 to the 2017 Regulations lists any allegation of abuse involving the service and its staff, and any allegation of misconduct by a member of staff. Notifications must be made without delay and in writing.
All sources checked October 2026.
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