The detail of a section 47 investigation is set out in s.47 Children Act 1989. It applies when the Local Authority/Children’s Social Services have received a referral which has been made to them by any person who has reasonable grounds to believe a child is at risk of significant harm or likely to be at risk of significant harm.
Referrals regarding concern for the safety and wellbeing of children commonly come from:
- A GP
- Health Visitor
- Midwife
- School teacher
- Nursery teacher
- Local Authority
- Neighbour
- Person who is involved in the child’s life
- Police
What is Significant Harm?
Section 31 of the Children Act 1989 sets out the threshold test that must be met to decide if a child is suffering or likely to significant harm:
- Things have happened which have already caused significant harm to a child.
- There is a serious risk that significant harm will be suffered in the future.
- The child is beyond parental control.
There are 4 main types of harm which are:
- Emotional harm
- Physical harm
- Sexual harm
- Neglect
What is a Section 47 Investigation?
The Local Authority have a duty to conduct an investigation and consider whether it is necessary that the child/children are in need of safeguarding and their welfare protecting. The Local Authority has 45 days to conclude their investigation. During the investigation, your child is likely to be interviewed alone by a senior experienced social worker to obtain the child’s wishes and feelings. When the Local Authority has enough information, they will then hold a strategy discussion meeting and conduct a multi-agency assessment. Parents are not invited to the strategy discussion meeting. During this process, the Local Authority will decide what actions need to be taken next to keep the child safe. A multi-agency assessment involves all agencies involved in the child’s life such as:
- School or nursery
- Health care professionals
- Children’s services
- Any other relevant agency
Once information has been gathered by all professionals, the Local Authority will decide if your child is:
- A child in need of support services from the Local Authority. No legal assistance is necessary at this stage.
- A child at risk or likely at risk of significant harm.
- A child at risk of immediate significant harm.
- A child with no risk identified- no further action will be taken.
Depending on the outcome of the s.47 investigation, the Local Authority may place your child on a Child in Need plan, a Child Protection Plan, enter the Pre-Proceedings process or issue Care Proceedings.
How can we help?
If your child or children have been made subject to a Child Protection Plan, Pre-Proceedings or Care Proceedings, we understand that this can be very stressful and that is why we are here to help and provide advice. We have experience in assisting parents at all stages of Local Authority involvement. Please contact Johnson Astills at either our Leicester office on 0116 255 4855 or our Loughborough office on 01509 610 312 and ask or a member of the Care Team. Alternatively you contact us through our free online enquiry form or email us at careteam@johnsonastills.com and a member of our team will be happy to assist you.
