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1. Overview

1.1 A section 47 enquiry is carried out by undertaking or continuing with an assessment in accordance with the guidance set out in Working Together to Safeguard Children and following the principles and parameters of a good assessment.

1.2 Local authority social workers have a statutory duty to lead assessments under section 47 of the Children Act 1989. The police, health professionals, teachers and other relevant professionals are required to assist 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. Social workers with their managers should

• should lead the assessment in accordance with the statutory guidance ‘Working Together to Safeguard Children’
• should carry out enquiries in a way that minimises distress for the child and family
• should see the child (unless the child is unborn) who is the subject of concern, on their own wherever appropriate, to ascertain their wishes and feelings; assess their understanding of their situation; assess their relationships and circumstances more broadly
• should engage with parents and / or care givers and determine the wider social and environmental factors that might impact on them and their child
• should systematically gather information about the child's and family's history
• should feedback regularly on the progress of the s47 enquiry to all involved professionals
• should analyse the information gathered during the assessment period and decide with other relevant professionals what interventions are likely to be most effective to meet the child’s needs and reduce the risk of harm faced by the child
• should engage with all relevant professionals to enable a comprehensive assessment
• should 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 investigation.
• Consider an analyse any contextual safeguarding issues in order to support intelligence gathering to better understand the risk to children outside of their families.

 

4. The Police

4.1 Police Investigations​

4.1.1 Section 47 enquiries may run concurrently with police investigations when there is a concern about a possible associated crime(s). When a criminal offence may have been committed against a child, the timing and handling of interviews with victims, their families and witnesses can have important implications for the collection and preservation of evidence. Enquiries may, therefore, give rise to information that is relevant to decisions that will be taken by both local authority children's social care and the police and any important information gathered should be carefully and clearly recorded as obtaining strong clear evidence makes it less likely that a child victim will have to give evidence in a criminal court. When joint enquiries take place the police are the lead agency for the criminal investigation and children's social care the lead for the section 47 enquiries and the child's welfare.

4.1.2 The Police should

• should help other agencies understand the reasons for concerns about a child's safety and welfare
• should decide whether or not police investigations reveal grounds for instigating criminal proceedings
• should make available to other professionals any evidence gathered to inform discussions about the child's welfare and
• should 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 investigations
• should keep the social worker updated regularly on the progress of any criminal investigation which impacts on the safety and welfare of any children subject to the section 47 enquiry
• should give a clear rationale if no further action is being taken
• should work with the social worker to understand contextual safeguarding issues and maintain a focus on disruption of perpetrators

 

5. Health Professionals should

• should undertake medical tests, examinations or observations to determine if the child's health or development  is being impaired
• should make a referral for  a specialist assessment where appropriate; for example to  physiotherapist, occupational therapist, speech and language therapist or child psychologist If multiple health professionals are involved, the health professional who is most involved (Lead) should coordinate information sharing and the progression of referrals and should ensure appropriate treatment and follow up health concerns, such as administration of missing vaccines.
• Should keep the social worker updated regularly on the progress of any medical intervention which impacts on the safety and welfare of any children subject to the section 47 enquiry
• Should support with any local knowledge in relation to contextual safeguarding issues, known hotspots, persons of interest etc.

 

6. All involved professionals should

• should contribute to the assessment as required providing relevant and proportionate information about the child and family and
• should consider whether a joint enquiry / investigation team may need to speak to a child victim without the knowledge of the parent or caregiver.
• Should seek advice and guidance as required and in line with local practice guidance

 

7. Seeing and interviewing children during enquiries

7.1 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.

7.2 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.

7.3 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).

7.4 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.

 

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

8.1 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.

8.2 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.

 

9. Additional Information

• Joint Working Protocol for Police and Social Care