Darlington Safe Guarding Partnership Logo - link to home page

Section 47 enquiries

Where there are grounds to initiate an enquiry under section 47 of the Children Act 1989, decisions should be made as to:

  • what further information is needed if an assessment is already underway and how it will be obtained and recorded
  • what immediate and short term action is required to support the child, and who will do what by when and
  • whether legal action is required e.g. Legal Gateway Panel.

The timescale for the assessment to reach a decision on next steps should be based upon the needs of the individual child, consistent with the local protocol and certainly no longer than 45 working days from the point of referral into local authority Children's Social Care.

The principles and parameters for the assessment of children in need in Working Together to Safeguard Children 2023 should be followed for assessments undertaken under section 47 of the Children Act 1989.

High quality assessments:

  • are child centred. Where there is a conflict of interest, decisions should be made in the child’s best interests
  • are rooted in child development and informed by evidence
  • are focused on action and outcomes for children
  • are holistic in approach, addressing the child’s needs within their family and wider community
  • ensure equality of opportunity
  • involve children and families
  • build on strengths as well as identifying difficulties
  • are integrated in approach
  • are a continuing process not an event
  • lead to action, including the provision of services
  • review services provided on an ongoing basis and
  • are transparent and open to challenge.

Initiating Section 47 enquiries

A section 47 enquiry is carried out by undertaking or continuing with an assessment in accordance with the guidance set out in WT 2018 and following the principles and parameters of a good assessment as identified above.  Local authority social workers have a statutory duty to lead assessments under section 47 of the Children Act 1989. The police, health practitioners, teachers and other relevant practitioners should help the local authority in undertaking its enquiries.

A section 47 enquiry is initiated to decide whether and what type of action is required to safeguard and promote the welfare of a child who is suspected of, or likely to be, suffering significant harm.

Social workers should:

  • lead the assessment in accordance with these procedures
  • carry out enquiries in a way that minimises distress for the child and family
  • see the child who is the subject of concern to ascertain their wishes and feelings and assess their understanding of their situation and assess their relationships and circumstances more broadly
  • interview parents and/or caregivers and determine the wider social and environmental factors that might impact on them and their child
  • Where the families first language is not English an interpreter must be provided.  A family member, including children must not be used as an interpreter
  • systematically gather information about the child’s and family’s history
  • analyse the findings of the assessment and evidence about what interventions are likely to be most effective with other relevant practitioners to determine the child’s needs and the level of risk of harm faced by the child to inform what help should be provided and act to provide that help 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 (January 2022) [PDF Document], where a decision has been made to undertake a joint interview of the child as part of any criminal investigation.

The police should:

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 developmental progress. 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/investigation team may need to speak to a child victim without the knowledge of the parent or caregiver.

Should a practitioner require additional involvement of a paediatrician, or need to obtain further information following a medical examination, the practitioner should contact the Consultant who saw the child at the original examination either directly via the hospital switchboard or through their secretary. If this is not possible, the practitioner should ask to speak to the Consultant Paediatrician acting as Paediatrician of the Week (POW).  

Outcomes of a Section 47

Section 47 Enquiries may conclude that the original concerns are:

  • not substantiated, although consideration should be given to whether the child may need services as Child in Need or at an Early Help level
  • substantiated and the child is judged to be suffering, or likely to suffer significant harm and an Initial Child Protection Conference should be called.

Where concerns of significant harm are not substantiated 

Social workers should:

  • Discuss the case with the child, parents and other practitioners
  • Determine whether support from any services may be helpful and help secure it and
  • Consider whether the child’s health and development should be reassessed regularly against specific objectives and decide who has responsibility for doing this.

All involved practitioners should:

  • Participate in further discussions as necessary
  • Contribute to the development of a Child in Need Plan
  • Provide services as specified in the Child in Need Plan for the child and
  • Review the impact of services delivered as agreed in the Child in Need Plan.

Where concerns of significant harm are Substantiated and the child is judged to be suffering, or likely to suffer significant harm social workers should:

  • Convene an Initial Child Protection Conference. The timing of this conference should depend on the urgency of the case and respond to the needs of the child and the nature and severity of the harm they may be facing. It should take place within 15 working days of the Strategy Discussion, where more than one Strategy Discussion took place, of the Strategy Discussion at which section 47 enquiry was initiated. Any delay must have written agreement from the Children's Social care team manager
  • Consider whether any practitioners with specialist knowledge should be invited to participate
  • Ensure that the child and their parents understand the purpose of the conference and who will attend and
  • Help prepare the child if he or she is attending or making representations through a third party to the conference. Give information about advocacy agencies and explain that the family may bring an advocate, friend or supporter.

All Involved Practitioners Should:

  • Contribute to the information their agency provides ahead of the conference, setting out the nature of the agency’s involvement with the child and family
  • careful preparation for conference, including the provision of reports
  • Consider, in conjunction with the police and the appointed conference Chair, whether the report can and should be shared with the parents and if so when and
  • Attend the conference and take part in decision-making when invited
  • Deliver on actions that are planned to safeguard the child(ren).