What is a Section 47 Enquiry?
Section 47 of the Children Act 1989 places a duty on local authorities to investigate when there is "reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm." A Section 47 enquiry is the formal process through which this investigation takes place.
Unlike a Child and Family Assessment (Section 17), which assesses whether a child is "in need," a Section 47 enquiry specifically investigates whether a child is at risk of significant harm and what action may be needed to protect them.
Legal basis: Section 47(1) Children Act 1989 requires local authorities to make enquiries where 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.
When is a Section 47 Enquiry Initiated?
A Section 47 enquiry is initiated when there are concerns that a child may be suffering or at risk of significant harm. Common triggers include:
- Disclosure of abuse by a child
- Physical injuries with no adequate explanation
- Concerns about sexual abuse
- Severe neglect
- Domestic abuse where children are present
- Concerns raised by schools, health professionals, or police
- Information from members of the public
- Previous child protection history with new concerns
The Strategy Discussion
Before a Section 47 enquiry begins, there must be a strategy discussion (or meeting) between children's social care, police, and other relevant agencies.
Purpose of the Strategy Discussion
- Share available information
- Decide whether to initiate a Section 47 enquiry
- Plan the enquiry - who does what, when
- Agree how the child will be seen and communicated with
- Consider whether emergency action is needed
- Plan any criminal investigation alongside the child protection enquiry
Who Should Be Involved?
As a minimum, the strategy discussion should include:
- Children's social care
- Police
- Health (where relevant)
- The referring agency
- Other agencies with significant involvement
Important: Parents should NOT usually be invited to strategy discussions, as this could compromise a criminal investigation or put the child at further risk.
Conducting the Section 47 Enquiry
The enquiry should be led by a qualified social worker. Key elements include:
Seeing the Child
The child must be seen and communicated with alone (unless contrary to their interests). This should include:
- Observing the child's physical presentation and demeanour
- Speaking to the child in age-appropriate language
- Understanding the child's daily life and lived experience
- Capturing the child's wishes and feelings
- If appropriate, a medical examination
Interviewing Parents/Carers
Unless doing so would place the child at further risk, parents should be informed of the enquiry and interviewed. This includes:
- Gathering their account of events
- Understanding family history and context
- Assessing their capacity to protect the child
- Gauging their willingness to work with professionals
Gathering Information
The enquiry should gather information from all relevant sources:
- Schools and nurseries
- Health visitors, GPs, hospitals
- Police records
- Previous social care involvement
- Extended family members
- Any other professionals involved with the family
Timescales
Working Together 2023 does not specify rigid timescales for Section 47 enquiries, but they should be completed without unnecessary delay. In practice:
- Strategy discussion: Should happen within 24-48 hours of concerns being identified
- Child seen: Within 24 hours in urgent cases; otherwise as soon as possible
- Enquiry completion: Typically within 15 working days, though this varies by local authority
- Initial Child Protection Conference (if needed): Within 15 working days of the strategy discussion
Possible Outcomes
A Section 47 enquiry can conclude in several ways:
1. Concerns Not Substantiated
The enquiry finds no evidence of significant harm. The case may be:
- Closed with no further action
- Stepped down to Child in Need support
- Referred to early help services
2. Concerns Substantiated - ICPC Convened
If the child is found to be suffering or likely to suffer significant harm, an Initial Child Protection Conference (ICPC) should be convened within 15 working days. The conference will decide whether to make the child subject to a Child Protection Plan.
3. Immediate Protection
In some cases, emergency action may be needed:
- Police Protection (up to 72 hours)
- Emergency Protection Order (up to 8 days, extendable by 7)
- Voluntary accommodation under Section 20
Documentation Requirements
Thorough documentation is essential throughout the Section 47 process. You should record:
- Strategy discussion decisions and rationale
- All contacts with the child, family, and professionals
- Direct observations and quotes
- Information gathered and its source
- Your professional analysis and risk assessment
- Decisions made and reasons
- Actions agreed and by whom
Recording tip: Record as you go - don't wait until the end. Contemporaneous notes are more accurate and carry more weight if challenged.
Working with Police
Section 47 enquiries often run alongside police criminal investigations. Key principles:
- Joint planning through strategy discussions
- Avoiding contamination of evidence
- Achieving Best Evidence (ABE) interviews conducted jointly where appropriate
- Regular communication between agencies
- Understanding that different thresholds apply (criminal vs. civil)
Common Challenges
Family Non-Engagement
If parents refuse to cooperate, consider whether this increases risk and whether legal advice or court action is needed.
Conflicting Information
Weigh different accounts carefully. Document discrepancies and your analysis of them.
Time Pressure
Section 47s are urgent but shouldn't be rushed. Balance speed with thoroughness.
Emotional Impact
Child protection work is emotionally demanding. Use supervision to process difficult cases.
Key Takeaways
- Section 47 enquiries investigate whether a child is suffering or likely to suffer significant harm
- Always start with a strategy discussion involving police and other agencies
- The child must be seen and communicated with alone
- Document thoroughly throughout the process
- Outcomes range from no further action to emergency protection
- ICPCs should be held within 15 working days if concerns are substantiated
Document Section 47s Efficiently
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