Initiating Section 47 Enquiries

1. Overview

1.1 A section 47 enquiry is carried out by undertaking or building on and continuing with an assessment in accordance with the guidance set out in this chapter. Local authority social workers should lead assessments under section 47 of the Children Act 1989. The police, health practitioners, educational settings and childcare provider
practitioners and other relevant practitioners should help the local authority in undertaking its enquiries.

2. Purpose

2.1 A section 47 enquiry is initiated to assess risk and support decision making to decide the type of response that is required to safeguard and promote the welfare of a child who is suspected of or likely to be suffering significant harm.

3. Key Responsibilities 

3.1 Lead practitioners should:

  • have relevant skills, in-depth knowledge and experience in frontline child protection practice
  • lead the assessment in accordance with this guidance
  • work alongside, guide and advise, and draw on the expertise and knowledge of the Family Help lead practitioner
  • carry out enquiries in a way that minimises distress for the child and family
  • see the child who is the subject of concern alone to ascertain their wishes and feelings, assess their understanding of their situation, assess their relationships and circumstances more broadly, and understand the child’s experiences and
    interactions with others, especially where there are concerns of domestic abuse, sexual abuse or extra-familial harm
  • explain to parents or carers the purpose, process and potential outcome of the enquiries and be prepared to answer questions openly, unless to do so would affect the safety and welfare of the child interview parents or carers and determine the wider social, cultural, religious and environmental factors that might impact on them and their child, including extra familial contexts
  • systematically gather information about the child’s and family’s history including who has regular contact with the child
  • analyse the findings of the assessment and evidence about what interventions are likely to be most effective with other relevant practitioners
  • determine the child’s needs and the level of actual or likely significant harm faced by the child, recognising that the child may be experiencing multiple forms of harm, including in different contexts, to inform what help should be provided and work with others to take action to provide that help
  • follow the guidance set out in “Achieving best evidence in criminal proceedings: guidance on interviewing victims and witnesses, and guidance on using special measures”, where a decision has been made to undertake a joint interview of the child as part of any criminal investigation129

3.2 Health practitioners should:

  • provide appropriate specialist assessments, for example, child protection medicals, maternity, paediatric or forensic medical assessments, Physiotherapists, occupational therapists, health visitors, speech and language therapists and/or child psychologists may be involved in specific assessments relating to the child’s developmental progress. The lead health practitioner (probably a consultant paediatrician, or possibly the child’s GP) may need to request and co-ordinate these assessments
  • ensure appropriate treatment and follow up of health concerns, such as administering missing vaccines

3.3 The Police should:

  • help other organisations and agencies understand the reasons for concerns about the child’s safety and welfare by sharing information and analysis
  • decide whether or not police investigations reveal grounds for instigating criminal proceedings
  • make available to other practitioners any other relevant information gathered or known to inform discussions about the child’s welfare
  • follow the guidance set out in “Achieving best evidence in criminal proceedings: guidance” on interviewing victims and witnesses, and guidance on using special measures, where a decision has been made to undertake a joint interview of the child as part of the criminal investigation • work with other agencies to identify activity aiming to disrupt or impede the investigation

3.4 All involved practitioners should:

  • contribute to the assessment as required, providing timely information and
  • analysis about the child and family
  • consider whether a joint enquiry or investigation team may need to speak to a child victim without the knowledge of the parent or carers
  • approach the work with parents and carers in line with the principles in chapter 1of Working Together to Safeguard Children

seek advice and guidance as required and in line with local practice
4. Seeing and interviewing children during enquiries

4.1 Section 47 enquiries should always involve ascertaining the views and lived experiences of  the child who is the subject of a concern. The child should be seen by the lead social worker and communicated with alone when appropriate. Except where 7.3 below applies, if the child’s parent or other person with parental responsibility does not consent to the child being seen alone, this consent can only be overridden by the young person themselves (if they are deemed to be competent to give their own consent) or by the Police who may agree for the social worker to be present during any discussions.

4.2 Children are sometimes the source of information about what has happened to them. Accurate and complete information is essential for taking action to safeguard and promote the welfare of the child, as well as for any criminal proceedings that may be instigated concerning an alleged perpetrator of abuse. When children are first approached, the nature and extent of any harm suffered by them may not be clear nor whether a criminal offence has been committed. It is crucial that even initial discussions with children are conducted in a way that minimises any distress caused to them and maximises the likelihood that they will provide accurate and complete information. Leading or suggestive communication should always be avoided. Children may need time and more than one opportunity to develop sufficient trust to communicate any concerns they may have.

4.3 In exceptional circumstances a joint enquiry/investigation team may need to speak to a suspected child victim without the knowledge of the parent or caregiver e.g. if there are fears that a child would be threatened or coerced into silence. It is important that a decision not to inform the parents is decided at a strategy discussion and that the reasons for it are carefully recorded by the chair. All joint interviews with children should be conducted by those with specialist training and/or experience in interviewing children and consideration should also be given to the gender of interviewers, particularly in cases of alleged sexual abuse (These issues are fully discussed in the practice guidance Achieving Best Evidence 2007).

4.4 Where a child or parent is disabled, it may be necessary to provide help with communication to enable the child or parent to express him/herself. Where a child's first language is not English an interpreter should be provided. If the child is unable to take part in an interview because of age or understanding, alternative means of communication should be used including observation where children are very young. 

5. Non-cooperation of parents in S47 enquiries/Child Assessment Orders

5.1 The local authority should make all reasonable efforts to persuade parents to co-operate with section 47 enquiries. However, if the parents refuse access to a child - but concerns about the child's safety are not so urgent as to require an application for an Emergency Protection Order (see immediate protection) - a local authority may apply to the court for a child assessment order. In these circumstances, the court may direct the parents/caregivers to cooperate with an assessment of the child, the details of which should be specified. The order does not take away that child's own right to refuse to participate in an assessment, for example, a medical examination, so long as he or she is of sufficient age and understanding. For further guidance on child assessment orders see page 5-55 of Volume 1 of the Children Act 1989 Guidance and Regulations, Court Orders.

5.2 If, following the decision to initiate s47, parents will not co-operate, the local authority must reconvene the strategy to ensure that a multi-agency discussion takes place to agree next steps.

6. Additional Information