Child Protection Enquiries (Section 47)

A Section 47 Enquiry is initiated to decide what needs to happen to keep a child safe and well, where the social worker suspects that the child is suffering or likely to suffer significant harm. 

Where information is received (which may be very brief) where the social worker suspects that the child is suffering or likely to suffer significant harm, a Strategy Discussion should be held to decide whether to initiate enquiries under Section 47 of the Children Act 1989. 

Strategy Discussions should be held as soon as possible, bearing in mind the needs of the child and must take place within 2 working days of child protection concerns being identified. When the risk to the child is high, for example, where the child has a physical injury, there are worries around sexual abuse, there are serious concerns about neglect, worries in relation to fabricated illness or when there are other complex issues, then a meeting is held on the same day the social worker becomes aware of the worries. 

The Section 47 Enquiry is to be completed within six working days of the Strategy Discussion, the outcome is to be shared with family and professionals verbally and followed up in writing.

 An Initial Child Protection Conference is held within 15 working days. Where a follow-up Strategy Discussion is held, the timescale remains as 15 working days from the Strategy Discussion which initiated the Section 47 enquiries.

A Section 47 enquiry is carried out by the social worker alongside and to inform the Child and Family Assessment. For more information regarding Child and Family Assessments see - How we Practice in Durham Guide. Social workers have a statutory duty to lead Section 47 Enquiries with input from police, health professionals, teachers and other practitioners involved with the family. The Team Manager has responsibility for authorising a Section 47 Enquiry following a Strategy Discussion.

The social worker must speak with the child, their family and key practitioners involved with the family along with the family's most important people. This is to understand the child's lived experience including what the parents are doing well to care for their children, any existing safety alongside worries about the child and family. The social worker is clear in the enquiry about what is happening that is harmful to the child and the harm matrix is used to support this. See Harm Matrix.

The enquiry may also need to cover children in other households where the worries are linked, for example, where the adult is in contact with another child. 

Social workers with their managers should:

• Lead the Assessment in accordance with this guidance;
• The social worker explains what is happening to the family in a way that they can best understand and explores what is working in the child and their family's life that helps to reduce the worries, alongside the key issues of the enquiry;
• 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;
• The social worker talks to parents to gain their agreement to speak to their child(ren) about the reasons the social worker is involved. There may be times when it is not in the child's best interests for the social worker to get consent to speak to them from parents for example, if there is a high likelihood that the child could be threatened; if it is likely that important evidence would be destroyed or if the child did not want their parent(s) to be involved and they are able to make this decision.

In such circumstances, the social worker must take legal advice about how to proceed and whether legal action may be required, for example through an application for an Emergency Protection Order or a Child Assessment Order.

• The social worker speaks to all the children in the family to understand their views around what has happened, what they think helps to reduce the worries, what else they think could help and who the people are who love and care about them and how it is they help. The social worker see's the child alone wherever possible unless the child asks for someone else to be present; 
• The social worker speaks with parents (including those that don't live in the family home)/ carers for their perspective including what their worries are for their child and what they think would help; 
• In conversations with the child, parents, their important people and other practitioners, the social worker builds on information gathered in the harm matrix to help analyse what has happened in the child's and parents past that is still impacting on them today;
• Based on the analysis of harm, complicating factors and strengths and safety, the social worker speaks with the child, family and practitioners about the next steps needed to best support the child and family. This could include support from the wider family network to help increase safety for the child  alongside specific support from other practitioners; and
• The section 47 enquiry involves all practitioners that know the child and family best and may include other practitioners that aren't directly involved in the child and family's life such as police.

The police should:

• Help other agencies understand the reasons for concerns about the child's safety and wellbeing;
• Decide whether or not there are grounds for a police investigation;
• Make available to other professionals any evidence gathered to inform discussions about the child's wellbeing; and
• 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 with the child as part of the criminal investigations.

Health practitioners should:

• Undertake appropriate medical tests, examinations or observations, to determine how the child's health or development may be being impaired;
• Provide any of a range of specialist assessments. For example, physiotherapists, occupational therapists, speech and language therapists and child psychologists may be involved in specific assessments relating to the child's development. The lead health practitioner (probably a consultant paediatrician, or possibly the child's GP) may need to request and coordinate these assessments; and
• Ensure appropriate treatment and follow up health concerns.

All involved practitioners should:

• Contribute to the Assessment as required, providing information about the child and family; and
• Consider whether a joint enquiry or investigation is needed in relation to the child without the parent/carers' knowledge.

The social worker should record the information gathered and actions during the course of the enquiry and its outcomes on the 'Record of Outcome of Section 47 Enquiries' on Liquidlogic, which should be approved by the Team Manager.

Social workers are responsible for deciding what action to take and how to proceed following Section 47 Enquiries. The outcome of a Section 47 Enquiry must be agreed by the Team Manager.

A Section 47 Enquiry may conclude that the original concerns are:

• Not substantiated; although consideration should be given to whether the child may need services as a Child in Need;
• Substantiated and the child is judged to be suffering, or likely to suffer, Significant Harm and an Initial Child Protection Conference should be called.

If the Local Authority decides not to proceed with a Child Protection Conference then other practitioners involved with the child and family have the right to request that a conference be convened, if they have serious concerns that a child's safety and wellbeing may be at risk. In the event of a continued difference of opinion, the Durham Safeguarding Children Partnership Resolution Policy should be implemented.