Section 47 Enquiries Explained: Child Protection Guide UK

What is a Section 47 Enquiry?

Section 47 of the Children Act 1989 places a duty on local authorities to make enquiries when they have reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or is likely to suffer, significant harm. These enquiries determine whether action is needed to safeguard and promote the child's welfare.

Section 47 enquiries are the formal child protection investigation process. They represent a significant step up from child and family assessments and trigger specific duties and timescales.

The Legal Framework

The Children Act 1989 Section 47(1) states:

Key Terms

• Reasonable cause to suspect: This is a lower threshold than proof. Suspicion based on reasonable grounds is sufficient to trigger enquiries.
• Significant harm: Harm that is considerable, noteworthy, or important. The harm must be significant enough to justify compulsory intervention.
• Suffering or likely to suffer: Enquiries can be initiated for current harm OR future risk of harm.

What is Significant Harm?

The Children Act 1989 defines harm as:

• Ill-treatment (including sexual abuse and non-physical forms of ill-treatment)
• Impairment of health (physical or mental)
• Impairment of development (physical, intellectual, emotional, social, or behavioural)

Whether harm is "significant" depends on:

• The severity and duration of the harm
• The degree and extent of physical harm
• The duration and frequency of abuse or neglect
• The extent of premeditation
• The degree of threat and coercion

When is a Section 47 Initiated?

A Section 47 enquiry is initiated following a strategy discussion when there is reasonable cause to suspect significant harm. Common triggers include:

• Disclosure of abuse by a child
• Physical injuries that may be non-accidental
• Concerns about sexual abuse
• Evidence of serious neglect
• Concerns escalating from a child and family assessment
• Information from police about domestic abuse incidents
• Referral from MASH/Front Door identifying child protection concerns

The Strategy Discussion

Before a Section 47 enquiry begins, a strategy discussion must take place. This involves:

• Who attends: Children's social care, police, health (and other relevant agencies)
• Purpose: Share information, agree whether S47 threshold is met, plan the enquiry
• Outcomes: Decision on whether to proceed with S47, immediate safety actions, enquiry plan

Strategy Discussion Decisions

• Whether there is reasonable cause to suspect significant harm
• What immediate protection is needed
• Who will lead the enquiry
• What information is needed and from whom
• Whether a joint investigation with police is required
• Timescales for key actions
• Whether to inform parents (and if not, why not)

Conducting the Section 47 Enquiry

Core Activities

• Seeing the child: The child must be seen, ideally alone if age-appropriate
• Speaking to the child: Using appropriate communication methods
• Assessing immediate safety: Can the child remain at home safely?
• Gathering information: From family, professionals, and records
• Medical examination: If required (with appropriate consent or court order)
• Joint investigation: With police where criminal offence suspected

Information Gathering

The enquiry should gather information about:

• The specific incident or concerns that triggered the enquiry
• The child's current presentation and views
• Family history and any previous concerns
• Parental response to the concerns
• Risk and protective factors
• The views of all relevant professionals

Parental Involvement

Parents should normally be informed of the enquiry and involved in the process. However, there are exceptions:

• Where this would place the child at increased risk
• Where it would prejudice a criminal investigation
• Where there is risk of evidence being destroyed
• Where a parent may flee with the child

Any decision not to inform parents must be recorded with clear rationale and reviewed as the enquiry progresses.

Outcomes of Section 47 Enquiries

Following the enquiry, one of the following outcomes should be reached:

1. Concerns Substantiated - ICPC Required

If the enquiry concludes that the child is suffering or likely to suffer significant harm, an Initial Child Protection Conference (ICPC) must be convened within 15 working days of the strategy discussion.

2. Concerns Not Substantiated - No Further Action

If the enquiry concludes there is no reasonable cause to believe the child is suffering or likely to suffer significant harm, and no services are required.

3. Concerns Not Substantiated - CIN Services

The child protection threshold is not met, but the child is assessed as being a Child in Need and services should be provided under Section 17.

4. Concerns Not Substantiated - Early Help

Child protection threshold not met, but the family would benefit from early help services. Case stepped down with appropriate referrals.

Timescales

• Strategy discussion: As soon as possible after concern identified
• Seeing the child: Within 24 hours for urgent cases, or as agreed at strategy discussion
• S47 enquiry: Should be completed within the 45-day assessment timescale
• ICPC: Within 15 working days of strategy discussion (if required)

Recording Section 47 Enquiries

Documentation should include:

• The concerns that triggered the enquiry
• Strategy discussion record and decisions
• All contacts made and information gathered
• Observations of the child and home environment
• Views of the child (recorded in their own words where possible)
• Parental response and any explanations given
• Analysis of risk and protective factors
• Professional judgment and rationale
• Outcome and next steps

Multi-Agency Working

Section 47 enquiries require effective multi-agency collaboration:

• Police: Joint investigation, criminal evidence, protection powers
• Health: Medical examinations, health information, therapeutic support
• Education: School observations, attendance, disclosures
• Other agencies: As relevant to the family circumstances

Agencies have a duty under Section 47(9) and (11) to assist the local authority with enquiries unless it would be unreasonable in all the circumstances.

Common Challenges

Uncooperative Families

If a family refuses to cooperate:

• Explain the process and consequences clearly
• Consider what the non-cooperation tells you about risk
• Gather information from other sources
• Consider whether legal action is needed to see the child
• An Emergency Protection Order may be necessary

Conflicting Information

• Document all accounts carefully
• Analyse discrepancies and their significance
• Seek corroborating evidence where possible
• Apply professional judgment about credibility

Conclusion

Section 47 enquiries are a critical safeguarding tool, enabling local authorities to investigate concerns about significant harm and take action to protect children. Effective enquiries require clear understanding of the legal framework, thorough information gathering, skilled direct work with children and families, and robust multi-agency collaboration.

The outcome of a Section 47 enquiry can have profound implications for children and families. Getting it right requires a balance of urgency with thoroughness, professional curiosity with open-mindedness, and child focus with family engagement.