Section 47 Enquiry

Section 47 of the Children Act 1989 places a duty on local authorities to investigate when they have “reasonable cause to suspect” that a child is suffering, or is likely to suffer, significant harm. This investigation is referred to as a Section 47 Enquiry.

The purpose of the enquiry is to determine whether any action is required to safeguard or promote the child’s welfare, and whether the local authority needs to take further steps, such as applying for a court order or implementing a Child Protection Plan.

A Section 47 Enquiry can be triggered by a number of concerns, including:

• Reports of physical, emotional or sexual abuse
• Serious neglect
• Injuries to a child where the explanation is unclear or inconsistent
• Domestic abuse incidents involving the child’s caregivers
• Concerns raised by schools, health professionals, the police, or members of the public

In some cases, an enquiry may follow an emergency intervention. For example, when the police use their powers under Section 46 of the Children Act to place a child in protective custody.

The local authority’s children’s social care team is responsible for leading the Section 47 investigation. A social worker will typically be appointed to carry out the investigation, often working alongside professionals such as the police, teachers, healthcare staff, and family members or carers. This multi-agency approach ensures that decisions are based on a broad range of information and expertise, in line with safeguarding children procedures.

The Section 47 Enquiry process typically begins with an initial assessment, during which a social worker gathers information about the child, their family, and the concerns that led to the enquiry. This is often followed by a strategy discussion or meeting, where professionals involved in the child’s welfare come together to plan how the enquiry should be carried out.

As part of the investigation, the child may be interviewed, sometimes alone depending on their age and level of understanding, and home visits will be conducted to assess the child’s living environment. The social worker will also carry out a risk assessment to determine whether the child is suffering, or is likely to suffer, significant harm.

At the conclusion of the enquiry, one of the following outcomes is likely:

• No further action – if the concerns are found to be unfounded.
• Support offered through a Child in Need Plan – if the child is not at risk of significant harm but would benefit from additional support.
• An initial Child Protection Conference – if the child is deemed at risk, potentially leading to a formal Child Protection Plan.

Parents or carers have the right to be informed about a Section 47 enquiry and to take part in the process, unless doing so would place the child at further risk. They may also seek legal advice during this time, particularly if there is a risk of court proceedings or removal of the child.

In some cases, parents may be invited to a Child Protection Conference. They are usually allowed to attend, provide their views, and be accompanied by a legal representative or support person.

A Section 47 Enquiry is a crucial legal process intended to protect children from harm. While its purpose is to safeguard, the experience can be complex, intrusive, and emotionally challenging for families. If you are currently involved in a Section 47 Enquiry, or believe one may be initiated, it’s essential to seek legal advice as early as possible.

Facing such an enquiry can be deeply distressing, but having the right support can make a significant difference. A solicitor with experience in child protection and family law can assist by:

• Explaining your legal rights and obligations
• Representing you in meetings or court if necessary
• Advising on your options if you disagree with the outcome
• Ensuring that proper procedures are followed by the local authority

If you’re involved in a Section 47 Enquiry, it’s important to understand that this may be the first step toward more formal legal action, such as child care proceedings. Where a local authority believes a child is still at risk of significant harm, they may apply to the Family Court for a care order or supervision order under the Section 47 child protection act.

At GSB, our experienced child care law solicitors understand the pressure and uncertainty families face during these investigations. We provide clear, practical advice to help you navigate each stage of the process.

Early legal advice can make a crucial difference so get in touch with our friendly and knowledgeable team today for confidential support and guidance.