When Is the Designated Safeguarding Lead Legally Required to Refer a Case to External Agencies? London

Safeguarding within educational settings and child-focused organisations is a legal and moral responsibility. While all staff must remain alert to signs of harm, the Designated Safeguarding Lead (DSL) carries the highest level of accountability. One of the most crucial aspects of the DSL role is knowing exactly when the law requires a case to be escalated to external agencies such as Children’s Social Care, the Local Authority Designated Officer (LADO), or in extreme cases, the police. Failing to make timely referrals can put a child at serious risk and expose an organisation to legal consequences. Understanding thresholds, statutory guidance, and practical indicators helps DSLs act appropriately and confidently.

Understanding the Threshold for Significant Harm

The primary legal requirement for referral is when there is reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm. This threshold is outlined clearly in the Children Act 1989 and reinforced through Working Together to Safeguard Children 2023. "Significant harm" can include physical injury, emotional abuse, sexual harm, or severe neglect. A DSL must assess whether the concern is minor and can be managed internally or whether it meets the legal threshold requiring external intervention. Context matters greatly — repeated small concerns can collectively signal a pattern of harm. The DSL must document observations, consult with safeguarding partners if necessary, and make a referral once the threshold is met.

When Immediate Danger or Criminal Activity Is Suspected

A DSL is legally required to take immediate action when a child faces urgent or life-threatening danger. In these cases, external agencies must be contacted without delay — even before completing internal documentation. Examples include suspected sexual assault, serious physical injury, or evidence of ongoing domestic violence that directly threatens the child. If a crime has been committed, especially involving sexual harm or physical assault, the police must be informed. Additionally, if a child is at risk of being trafficked, radicalised, or groomed for criminal activity, the DSL must involve specialist agencies under Prevent Duty and related legislation. Immediate danger always overrides internal processes.

Why DSL Training Is Essential for Making Legally Compliant Referrals

The responsibility to make legal referrals requires deep knowledge of safeguarding law, multi-agency processes, and statutory guidance. Without formal training, DSLs may hesitate, overreact, or fail to escalate cases correctly. That’s why comprehensive training is vital. The Designated Safeguarding Lead Training Course offered by Training Tale equips DSLs with the skills and confidence to recognise thresholds, handle complex disclosures, manage documentation, and make legally compliant referrals. This structured learning helps DSLs ensure that vulnerable children receive timely support while organisations remain compliant with safeguarding laws. Continual professional development is essential given the evolving nature of safeguarding legislation.

Mandatory Referral in Cases Involving Staff Allegations

When an allegation is made against a staff member, volunteer, or any individual working with children, the DSL has a legal obligation to refer the case to the Local Authority Designated Officer (LADO). This must happen within one working day, even if the evidence is unclear or appears minor. The law prioritises transparency and child safety over organisational reputation. Allegations involving inappropriate behaviour, boundary crossing, grooming behaviour, or potential criminal offences require external investigation. The DSL must not conduct their own inquiry or interview the child before the referral, as this can compromise evidence. LADO guidance ensures an impartial, lawful process.

Referral Required When Early Help Is Insufficient

Many safeguarding concerns do not immediately meet the threshold for significant harm. However, if a DSL provides Early Help support — such as interventions for family stress, mild neglect, or behavioural concerns — and the situation does not improve, escalation becomes legally required. Working Together statutory guidance emphasises that persistent concerns demand action. A DSL must recognise when Early Help is no longer appropriate and when a child’s needs indicate deeper risk. Case histories, parental unwillingness to engage, or worsening circumstances all justify a referral to Children’s Social Care. Timely escalation protects the child and aligns with legal expectations for proactive safeguarding.

Share