Section 47 Enquiry

All agencies have a professional (and in most cases statutory) duty to assist and provide information in support of child protection enquiries (Section 47 Enquiries).

Children's Services has the:

• General duty to safeguard and promote children's welfare (Section 17 Children Act 1989);
• Duty to make, or cause to be made, enquiries when the circumstances defined in Section 47 of the Children Act 1989 exist;
• Responsibility to inform Police in a case referred which constitutes or may constitute a criminal offence against a child.

Responsibility for undertaking Section 47 Enquiries lies with the local authority in which the child lives or is found (see Children Moving Across Local Authority Boundaries Procedure).

When the child's home address is in another (the 'home') authority, the 'host' authority (i.e. the authority where the alleged abuse and/or neglect is said to have occurred) has responsibility for undertaking enquiries e.g. alleged abuse on a school trip out of the authority.

In this case, the child's 'home' authority should be informed as soon as possible and involved in Strategy Discussions. It will often be appropriate for the 'home'

Authority to undertake the necessary enquiries on behalf of the host authority e.g. in the case of a looked after child or a child allegedly abused or neglected whilst in 'host' authority but since returned to 'home' authority.

The home authority should take responsibility for further support of the child or family, following the Section 47 Enquiry.

Police have a responsibility to:

• Investigate allegations of criminal offences against children;
• Refer any suspicion, allegation or disclosure a child is suffering or likely to suffer significant harm to Children's Services.

When allegations arise in relation to the child's circumstances within a host authority, the home Police Joint Child Protection Investigation Team (JCPIT) retains responsibility but may negotiate with their colleagues in the host area.

The Team Manager has the responsibility, on the basis of available information, to decide and authorise a Section 47 Enquiry. In undertaking the necessary assessment of risk, the manager must consider both the probability of the event or concern in question and its actual or likely consequence.

In reaching her/his conclusion as to the justification for a Section 47 Enquiry, the manager must consider the following variables:

• Seriousness of the concern(s);
• Combinations of concerns;
• Repetition or duration of concern(s);
• Vulnerability of child (through age, developmental stage, disability or other pre-disposing factor e.g. whether they are 'Looked After');
• Source of concern(s);
• Accumulation of sufficient information;
• A child in the carer's current or previous household is / has been the subject of a Child Protection Plan or of previous Care Proceedings;
• There has been a previous unexpected death of a child whilst in the care of either parent where abuse /neglect is/was suspected;
• Emotional environment of child, especially high criticism / low warmth;
• Any predisposing factors in the family that may suggest a higher level of risk e.g. domestic abuse, substance misuse and/or mental health issues;
• The impact on the child's health and development.

A Section 47 Enquiry must always be commenced immediately if there is a disclosure, allegation or evidence that a child is suffering or likely to suffer significant harm. This applies equally to new, re-referred and open cases. Managers are required to record directions about the nature of the assessment to be undertaken.

Click here to view the Continuum of Needs.

A combination of any factors which individually would require only an Assessment, when combined with parental risk factors e.g. domestic abuse, parental mental illness, excessive drinking or drug use, may justify considering Section 47 Enquiries.

Although the primary responsibility of Joint Child Protection Investigation Team (JCPIT) staff is to undertake criminal investigations of suspected, alleged or actual crime, the absence of a criminal prosecution does not mean the absence of abuse. Children's Services has the statutory duty to make, or cause to be made, enquiries when circumstances defined in Section 47 of the Children Act 1989, exist.

Criminal investigations and Section 47 Enquiries may give rise to circumstances and information relevant to decisions that have to be taken by both agencies. Consideration must always be given to information gathered about the home, community and work circumstances of those suspected of having abused or neglected a child in the event that they are/have been in contact with other children.

Children's Services and Joint Child Protection Investigation Team (JCPIT) / Area Crime Unit must inform each other of any allegations or suspicions of abuse or neglect, including 'stranger abuse' in line with Information Sharing and Confidentiality Procedure. Line managers should be consulted in cases of uncertainty and advice recorded.

A joint decision should be made about the appropriate level of intervention and of Police involvement throughout the process, depending on the individual circumstances and context.

If initial allegations are imprecise or concerns arise gradually, it may be agreed that Children's Services undertake further assessment to determine if a child has suffered, or is likely to suffer, significant harm.

Where both agencies have responsibilities with respect to a child, they must co-operate to ensure the joint investigation (combining the parallel processes of a Section 47 Enquiry and a criminal investigation) is undertaken in the best interests of the child. This should be achieved primarily by co-ordination at Strategy Discussions and/or meetings.

If the agencies agree that a single agency enquiry or investigation is appropriate, there should still be an exchange of relevant information, involvement in Strategy Discussions and agreement reached as to the feedback required by the non participating agency. A case may start as single agency, but further assessment / information indicate the need for joint investigation. As the decision is made the Team Manager must ensure that appropriate checks are undertaken, always including health checks. Social Workers, see: CS0442F9 S17/S47 Health Sharing Request Form.

Any decision to terminate enquiries or investigations must be communicated to the other agency for it to consider, and the rationale recorded by both agencies.

The decision regarding single or joint agency investigations should be taken at a Strategy Discussion and authorised by first line managers in the Police (Joint Child Protection Investigation Team (JCPIT)) and Children's Services.

A joint investigation must always be initiated when there is an allegation or reasonable suspicion that one of the circumstances described below exists regardless of the likelihood of a prosecution:

• A sexual offence against a child of either gender under eighteen years of age, including sexual offences committed by children, but excluding 'stranger abuse';
• Physical injury which could be considered serious by the extent of the injury, age of child or by repeated assaults of a minor injury (this category includes murder; manslaughter; violence to a child constituting an assault, actual or grievous bodily harm; bruising and soft tissue injuries to babies; repeated assaults causing minor injury; burns and scalds);
• All non accidental injuries to children aged under 2 years;
• Serious neglect or ill-treatment constituting an offence under s.1 Children and Young Persons Act 1933;
• Complex investigations;
• Unexpected death of a child;
• Fabricated or Induced Illness and Perplexing Presentation Procedure;
• Allegations Against Adults who Work with Children and Young People Procedure e.g. staff of a professional agency represented on the LSCP, day care registered with Ofsted, baby sitters, voluntary group leader / helper (must also be reported to senior managers in Children's Services and Joint Child Protection Investigation Team (JCPIT)).

Cases of minor injury should always be considered for a joint enquiry / investigation if the child is:

• Subject of a Child Protection Plan;
• Looked after by the local authority.

If information is received to indicate a person who has been identified as being a risk to children is living in or has access to a household where there are children, Children's Services and Joint Child Protection Investigation Team (JCPIT) must discuss the circumstances and agree if a single enquiry or joint investigation should be initiated.

In other cases of minor injury, the circumstances must be considered to determine 'seriousness' and the following factors should be included in Joint Child Protection Investigation Team (JCPIT) and Children's Services consideration:

• Age, special needs and vulnerability of the child;
• Previous history of minor injuries to child / others in household;
• 'Intention' e.g. strangulation may leave no marks, but is very serious;
• Whether a weapon or implement was used;
• Previous concerns from a caring agency;
• Consistency with, and clarity / credibility of child's account of injuries;
• Predisposing factors about alleged perpetrator e.g. conviction(s), history of violence, substance misuse and/or mental health problems;
• A history of domestic abuse and conflict around Contact arrangements;
• Presence of unusual circumstances e.g. suspected complex abuse or fabricated and induced illness;
• Child's wish (if age appropriate) for Police involvement.

There will be times that after discussion, or preliminary work, cases will be judged less serious and it will be agreed that the best interests of the child are served by a Children's Services led intervention, rather than a joint investigation.

In all cases the welfare of the child remains paramount and always takes precedence over the need to commence or conclude any criminal investigation.

When, after making relevant checks, the Team Manager in Children's Services and the Joint Child Protection Investigation Team (JCPIT) assess that the circumstances of the case do not indicate that a crime has been committed, Children's Services may progress single agency enquiries. The absence of a criminal prosecution does not mean the absence of abuse.

Where the case is subsequently discovered to be more serious than originally perceived, it must be referred back to the Joint Child Protection Investigation Team (JCPIT).

Examples of circumstances that may be appropriate for Children's Services single agency enquiry are:

• Purely emotional abuse with no apparent physical symptoms, unless extreme circumstances constitute an offence of cruelty;
• Minor physical injury caused to a child in circumstances amounting to poor parenting but bearing in mind the points about minor injuries in the Section 4, Joint Investigations;
• Minor physical abuse, except for injuries to infants (under the age of 2 years) see above section Joint Agency Investigation: no visible injury or minor injury; the child provides a coherent account of how the non-accidental injury occurred and there was no intent to injure her/him; where there has been no previous allegations regarding that child or the alleged perpetrator;
• Minor allegations of physical abuse against professionals responsible for the care of a child e.g. teacher, where an allegation may represent inappropriate behaviour as opposed to criminal behaviour (Joint Child Protection Investigation Team (JCPIT) and the Designated Officer should be consulted before and after Children's Services single agency enquiry and joint decision made about subsequent Police action) see Managing Allegations Against Adults Procedure;
• Minor neglect through inappropriate supervision or poor parenting skills. Minor neglect is established following an Assessment;
• Indirect suspicions of sexual abuse, including over-sexualised behaviour of a child, anonymous reports and concerns by other professionals;
• An assessment is required to establish significant harm or the likelihood of significant harm which will inform the future plan.

Where a minor crime, initially agreed by Joint Child Protection Investigation Team (JCPIT) as inappropriate of further Police investigation, is subsequently discovered to be more serious, the case must be referred back to the Joint Child Protection Investigation Team (JCPIT).

Criteria for Police single agency investigations are those where:

• An allegation of childhood abuse is made by adults (the possibility of current risks to children should be determined and referred to Children's Services;
• An alleged offender is not known to the child / child's family i.e. stranger abuse providing there are no current child protection concerns arising from the case (but the child must still be interviewed in accordance with Achieving Best Evidence in Criminal Proceedings: Guidance on Interviewing Victims and Witnesses and Using Special Measures (Ministry of Justice).

Where the Police conduct, out of hours, a single agency investigation, (in response to a duty to respond and take action to protect the child or obtain evidence), Children's Services EDT must be informed immediately, and if appropriate, a joint investigation commenced.

In all cases where the Police undertake a single agency child protection investigation, details of any victim aged under eighteen must be referred to Children's Services, which is responsible for assessing if the investigation raises any child protection issues and if supportive or therapeutic services are appropriate.

Where Police are investigating a crime that may cause concern for non-specific children e.g. person in possession of child abuse images, Police must undertake enquiries as to any contact that person may have with children: this includes personal, social, volunteer and work related contact.

Further discussion should occur between the line managers (detective sergeant / inspector and Children's Services Team Manager) if there is any disagreement between agencies about the:

• Need for a joint investigation or the 'seriousness' of alleged physical abuse;
• Possibility that the needs of the criminal investigation, conflict with the needs of a child.

If line managers disagree, the matter should be referred to the responsible detective inspector and Head of Child Protection, Children’s Services see also Escalation of Concerns and Professional Disagreements about Decisions, including Convening an ICPC Procedure.

The Strategy Discussion must decide where, when and how child(ren) should be seen and whether an investigative interview is required (See Strategy Discussion and Meetings Procedure).

The child must be seen on the day of referral (unless the Strategy Discussion decides and records a decision to defer this) if:

• Allegations / concerns indicating a serious risk e.g. serious physical injury, injury to a baby, serious neglect or other severe health risk;
• (S)he is reported to have sustained a physical injury;
• (S)he has disclosed sexual abuse and is to be returned to a situation that might place him/her at risk or to ensure forensic evidence;
• (S)he is already the subject of a Child Protection Plan;
• (S)he is abandoned;
• (S)he is frightened to return home.

Consideration must be given to child's developmental stage and cognitive ability. Specialist help may be needed if:

• The child's first language is not English (see Interpreters, Signers and Others with Special Communication Skills Procedure);
• (S)he appears to have a degree of psychiatric disturbance but is deemed competent;
• (S)he has a physical / sensory / learning disability;
• Interviewers do not have adequate knowledge and understanding of the child's racial religious and cultural background.

If the child is unable to take part in an interview because of age or understanding, alternative means of understanding should be used e.g. observation of very young children.

Consideration should be given to the gender of interviewers, particularly in cases of alleged sexual abuse and it is also essential factors such as race, culture, religion, gender and sexuality together with issues arising from disability and health are taken into account.

Children may need time, and more than one opportunity to develop trust and communicate concerns, especially if they are very young or have a communication impairment, learning disability or mental health problems.

The objectives in seeing the child are to:

• Hear her/his account of allegations or concerns and whether these constitute a criminal offence;
• Record and evaluate, demeanour, mood state and behaviour;
• Observe and record the interactions of child and carers;
• See and record the circumstances in which the child is currently living and sleeping and, if different, her/his ordinary residence;
• Evaluate the physical safety of the environment including the storage of hazardous substances e.g. bleach, drugs;
• Ensure that any other children who need to be seen are identified;
• Assess the degree of risk and possible need for protective action;
• Meet the child's needs for information and re-assurance;
• Assess the child's willingness to pursue the complaint through the Police;
• Make decisions about format to be used if a detailed account to be given by the child;
• Inform decisions about possible medical and forensic needs.

The conduct of and criteria for visually recorded interviews with children are laid out in Achieving Best Evidence in Criminal Proceedings: Guidance on Interviewing Victims and Witnesses and Using Special Measures (Ministry of Justice) and should be undertaken by those with specialist training and experience in interviewing children.

Para 2.50 of the above guidance indicates that interviewers may often decide the needs of the child and the needs of criminal justice are best served by an assessment of the child prior to the interview taking place, particularly if the child has not had previous or current involvement with Children's Services or other public services.

Where the abuse has involved the use of recording, photography, taking film or videos consideration should be given to how to interview the child without the use of video recording, if the child finds it distressing.

Para. 2.52 of the ABE Guidance indicate interviewers should have clear objectives for assessment(s) prior to interview (There are ABE suits at Peace Children's Centre Watford and the Lister Hospital) and should apply this guidance in talking with children during such assessment, e.g.:

• Avoid discussing (in any detail) substantive issues;
• Do not lead the child in substantive matters;
• Never stop a child who is freely recalling significant events.

As described in the ABE Guidance, interviewers must make a full written record of discussions, noting timing and personnel present as well as what was said and in what order.

Children's Services should make all reasonable efforts to persuade parents to co-operate with a Section 47 Enquiry. If a child's whereabouts are unknown, or (s)he cannot be traced by the social worker within twenty four hours the following actions must be undertaken:

• A Strategy Discussion held with the Police Joint Child Protection Investigation Team (JCPIT) and other agencies;
• Agreement reached with the manager responsible about further action to locate and access the child and complete the enquiry.

If efforts to locate the child have been unsuccessful within 48 hours, Children's Services must call an urgent Strategy Meeting, involving the Police Joint Child Protection Investigation Team (JCPIT) and any other directly relevant agency. This meeting must consider:

• Levels of risk;
• Actions to be taken by each agency;
• Whether there is sufficient concern to recommend Children's Services circulate information nationally to all other agencies (See Children Who Go Missing from Home or Care, or who are Vulnerable to Exploitation).

If access to a child is refused or obstructed by parents or caregivers, the social worker must inform the service manager who must, in consultation with her/his manager, have a Strategy Discussion with the Police (if joint investigation) and seek legal advice as appropriate about the need for a Child Assessment Order (where concerns are not so urgent as to require an EPO) or an Emergency Protection Order.

Where the child appears in urgent need of medical attention (s)he should be taken to the nearest A & E department, regardless of age, explanation or any other factors e.g. where there are suspected fractures, bleeding, and loss of consciousness.

Please also read in conjunction with Unscheduled Emergency Visits to A&E Children Safeguarding Assessment Pathway Flowchart.

In other circumstances the Strategy Discussion should determine, in consultation with the Paediatrician (3.6 Participants to Strategy Discussion) the need for and timing of a paediatric assessment and who would be the appropriate person to accompany the child.

When such arrangements are necessary, the child and those with parental responsibility must be informed and prepared and careful consideration given to the impact on the child, unless there is good reason not to involve the parent or carer, e.g. preservation of criminal evidence - such decisions should be recorded.

If the Strategy Discussion (at which the doctor is consulted) agrees on a paediatric assessment for a child, consideration should be given to the need for assessments of other children in the household.

This assessment should always be considered when there is a suspicion or disclosure of child abuse involving:

• Any injuries to a baby / non mobile child;
• A suspicious or serious injury (thought to be non-accidental or an inconsistent explanation);
• Any injury or a mark on a child who is subject to a Child Protection Plan, and for which there is no obvious explanation;
• Suspected sexual abuse or assault;
• Suspected neglect.

A medical assessment involves a holistic approach and considers:

• The child's well being, including development, if under five years old and her/his cognitive ability if older;
• The extent of any injuries and an opinion as to possible causes;
• Diagnosis and treatment;
• Information provided by other agencies that is known about the child's family circumstances and history, past medical history and full referral information.

Additional considerations are the need to:

• Secure forensic evidence including photographic evidence;
• Screen for or investigate medical problems e.g. infection (including sexually transmitted infection), anaemia;
• Provide treatment follow up and review for the child (any injury, infection, new symptoms including psychological, contraception);
• Create medical documentation;
• Provide re-assurance for the child and parent;
• Provide professional advice to Children's Services and the Police.

An explicit record must be made of the decision about whether or not to undertake a medical assessment, and its rationale clearly stated.

Only doctors may physically examine the whole child using standard forms to document the assessment. Other professional staff should note any visible marks or injuries on the body map and document details in their recording.

Please see: Recognition of Child Abuse 6th Edition for description of forensic medical examination for child sexual abuse.

The timing of the medical assessment will be dictated by clinical urgency. However, as per the Victoria Climbié recommendations, children brought to the hospital or any health clinic or similar place for a paediatric assessment should be seen within twenty four hours of arrival. There are exceptions when every child needs to be assessed according to the urgency of treatment required and in some cases, require immediate, or fairly urgent, attention.

Agreed body charts should be used for both physical and sexual abuse and appended to the report.

Photographs should be taken by a trained doctor or NHS photographer and originals may be shared with the Police as part of the medical report. Photographs taken by the scenes of crime officer should be made available to the paediatrician to comment on in the medical report.

Apart from minority of children who present to hospital as emergency, the child protection medical examinations are done by a paediatrician, either at one of the three Child Development Centres in the West or at the Child Abuse Suite in the Lister Hospital in the East.

Photo documentation in sexual abuse should be sealed in an envelope in the notes and /or retained separately from the child's details in a safe store (e.g. download of the colposcope exam onto a DVD and kept with the notes). Intimate photographs should not be passed to Children's Services staff.

If, on conclusion of the investigation, it is felt that the S47 enquiry has been unfounded or safeguarding arrangements are such that there is no need to continue services with Child Protection procedures, this should be referred to the relevant Group Manager with a recommendation from the Team Manager. He or she will ratify any decision to end the S47 investigation, and confirm the ongoing plan for the child. A management decision should be placed on LCS under the "Management Decision" tab, explaining why the risk has diminished sufficiently for the child(ren) to come out of S47 processes and what a more appropriate outcome should be.

If the relevant Service Manager is unavailable, the matter should be referred across to another Service Manager or to a Head of Service.

Where the concerns are not substantiated it may still be important to complete the Assessment and consider if further help or support is needed using a Child In Need plan or a Family First Assessment.

Where concerns are substantiated and the child is assessed to have suffered, or is likely to suffer, significant harm the line manager must authorise the convening of an Initial Child Protection Conference and completion of the Assessment (if incomplete), having ensured the child / any others in the household and the child's carers have been seen.

Where legal action is indicated the Children's Services Practice manager must be informed and take the final decision, following a Legal Planning meeting which must be chaired by the Children's Services Manager.

The social worker must prepare the child for the conference and help them with this, or make representations through a third party. The child and the parents must understand the purpose of the conference.

The outcome must be clearly recorded, with the reasons for decisions clearly stated on the LCS Outcome of Section 47 Enquiries Record. If the Service Manager decides that it is not appropriate to convene an Initial Child Protection Conference they must consider for each child subject to the Section 47 enquiry whether support services such as a Child in Need Plan, Family First Assessment or other services are required to meet their needs. If the Service Manager decides that an Initial Child Protection Conference will be convened, they must set out in the case record of each child subject to the Section 47 enquiry the significant harm that each child is likely to suffer in the future and from whom.

This decision should be notified to all other statutory agencies that agency checks have been requested from.

At the completion of enquiries, Children's Services line manager must ensure that the concern and outcome have been entered manually on a chronology at the front of each file / on the electronic record.

Note that this applies to unborn babies were the siblings are already subject of a child protection plan – refer to Section 2, Threshold for Section 47 Enquiries.

Parents, and children of sufficient age and appropriate level of understanding, together with those agencies, professionals and foster carers significantly involved in the enquiry, should be given written information on the outcome of the enquiry (in advance of any subsequent Child Protection Conference held).

Feedback about outcomes should be provided to non-professional referrers in a manner that respects the confidentiality and welfare of the child. If there are ongoing criminal investigations, the content of the social workers feedback should be agreed with the Police Joint Child Protection Investigation Team (JCPIT).

When Children's Services has concluded an Initial Child Protection conference is not required but professionals in other agencies remain seriously concerned about the child's safety, they should follow the procedure in Section 14, Professional Disagreement at Enquiry Stage above.

The following timescales set out below mean that the Strategy Discussion which instigates the Section 47 Enquiry and the Assessment, which began at the point of referral, may lead to the Initial Conference taking place before the completion of the Assessment:

• The assessment must be completed within 45 working days of the receipt of the referral;
• The maximum period from the Strategy Discussion, where the decision was made to proceed with a Section 47 Enquiry, to the Initial Child Protection Conference is 15 working days.

Where more than one Strategy Discussion/Meeting takes place care must be taken to review the timescales and ensure that the child(ren) are protected while the enquiries are taking place.

The time-scales above are the standards required by Working Together to Safeguard Children. Where the welfare of the child requires shorter time-scales these must be achieved.

There may be exceptional circumstances where it is not in the child's interests to work to the above time-scales. The circumstances which may lead to an alternative time-scale include:

• The need to engage interpreters, translators etc. for those with communication needs (including disabled children);
• Pre-birth assessments.

Any proposal to justify variation of routine time scales must be authorised by the Children's Services Manager (CSM) following line manager's consultations with the Police Joint Child Protection Investigation Team (JCPIT) and any relevant agencies.

Reasons for diverging from these time-scales must be fully recorded together with a plan of action detailing alternative arrangements.