rd an outcome wherever possible. The person concerned should be notified of the conclusion of the allegations and sanctions that might be posed. 416. Other than where allegations are false, malicious, unsubstantiated, or unfounded, the outcome should be made clear when providing references to prospective employers. This is particularly important where the person moves into another position involving working with children. 417. It is not appropriate to reach a settlement/compromise agreement if the person subject to the allegation resigns or their services cease to be used. However, in limited circumstances schools and colleges sometimes use settlement agreements to end the employment relationship on agreed terms, but not where there is an allegation that the individual poses a risk to children. 418. Where a settlement/compromise agreement is used, schools and colleges should not let it prevent the employer from: • fulfilling their legal duty to refer cases to the DBS where the referral criteria are met – see paragraph 350. Non-compliance of this duty is a criminal offence, or • providing a reference to potential employers when requested, or • considering whether to make a referral to the TRA where the criteria are met - see paragraph 354. 106 Record-keeping 419. Details of allegations following an investigation that are found to have been malicious or false should be removed from personnel records unless the individual gives their consent for retention of the information. However, for all other allegations, i.e. substantiated, unfounded and unsubstantiated it is important that the following information is kept on the file of the person accused: • a clear and comprehensive summary of the allegation • details of how the allegation was followed up and resolved • a note of 