Section 47 Inquiries help protect children

What is a Section 47 Inquiry?
Under Section 47 of the Children Act 1989, a local authority (LA) is under a duty to make inquiries into the circumstances of children considered to be at risk of “significant harm”. In particular, s.47 duties arise where the LA: has reasonable cause to suspect that the child is suffering or is likely to suffer significant harm; has already obtained an emergency protection order in relation to the child; or is informed that the child is the subject of an emergency protection order obtained by someone else, or is in police protection.

The purpose of a s.47 investigation is to examine whether the child in question has suffered significant harm or is at risk of suffering significant harm, and to determine what further action, if any, is needed to safeguard and promote the welfare of the child who is the subject of the inquiry.

Who decides to carry out a Section 47 Inquiry?
A s.47 Inquiry is authorised by managers in the local authority’s children’s services department. The decision to undertake such an inquiry is usually taken following a strategy discussion. However, it can also be made at any time whenever the above criteria are met, such as following a referral.

In making the decision to authorise a s.47 investigation, the manager must consider the seriousness and the history of the concerns raised in the referral; the vulnerability of the child (ie, as a result of age, disability or whether he or she is in care); the source and content of the referral; the situation in which the child is living; and any predisposing factors in the family that could indicate a higher level of risk, such as parental substance misuse or domestic violence.

How is a Section 47 Inquiry carried out?
A core assessment is used to carry out a s.47 Inquiry. This is an in-depth assessment of the nature of the child’s needs and the capacity of his or her parents or carers to meet those needs within the wider family and community context. The assessment should follow the Department of Health’s Framework for the Assessment of Children in Need and their Families (2000) and should be concluded within 35 days of the initial assessment.

A qualified and experienced social worker from the children’s services department should be responsible for leading and co-ordinating the inquiry. The lead social worker must consult with other agencies involved with the child and his or her family to identify risk factors for the child in question, determine the circumstances of all children in the household and identify parenting strengths and weaknesses. A s.47 Inquiry can be carried out by the children’s services department alone or jointly with the police. In joint inquiries, the role of the police will be to determine the facts regarding any offence that may have been committed against the child.

Where possible, and when it is in the best interests of the child, the authority should engage with the parents to encourage their participation in the inquiry process, and they should be kept informed of its progress.