Section 47 Enquiry

Section 47 Enquiry

What is a Section 47 enquiry?

If the Local Authority gather information during a referral or an assessment which raises concerns that the child is likely to suffer significant harm in their designated area, then they have a legal duty to hold a strategy discussion meeting to decide whether to investigate under Section 47 of the Children Act 1989.

Such an enquiry can only take place if the Local Authority are of the view that the child does not require immediate protection. 

When conducting a Section 47 enquiry, the Social Worker will gather evidence from professionals such as the police, teachers or GPs. Any expert or professional asked to contribute to the Section 47 enquiry has a legal duty to cooperate with the enquiry. The investigation will determine whether the child is in need of services from the Local Authority.

When should a Section 47 enquiry be initiated?

A section 47 enquiry is initiated to decide what type of action is required to safeguard and promote the welfare of the child.

In the following circumstances, a Section 47 enquiry must be initiated:

1. A child is subject to an Emergency Protection Order;
2. A child is being protected by the Police as the result of a Police Protection Order; or
3. A child may be at risk of harm and the Local Authority can show they have reasonable cause to suspect this.

How long with the investigation take?

The section 47 enquiry must be completed within 45 working days, however if a Child Protection Conference is required and arranged, then the outcome must be available prior to the meeting.

What are the possible outcomes of a Section 47 enquiry?

If the Section 47 enquiry establishes that a child may be at risk of harm, the Local Authority may initiate pre-proceedings, such as a Child Protection Conference or Public Law Outline (PLO) proceedings, provide the family with additional support or take no further action.

The Local Authority have a duty to ensure the protection of a child in their area and must bear in mind that the overriding principle the Court will consider if proceedings are initiated, is the welfare of the child as this is the paramount consideration.

How can Duncan Lewis Solicitors help you?

Local Authority duties can cover a vast range of areas, according to the circumstances of the child and the welfare concerns. It is important that parents seek legal advice from a Solicitor who can guide them through the Local Authority’s duties and how this will impact their individual circumstances.

Duncan Lewis Solicitors have a large children law team who have extensive experience within this area of law and will be able to advise in relation to the concerns and the duties of the Local Authority.

Duncan Lewis is recommended by The Legal 500 legal directory for its specialism in all aspects of family and children law nationwide and cross-border. The Legal 500 applauds our family and child care solicitors to be a team of lawyers that are ‘friendly professionals who take their time to understand your case’. Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children.

How will the matter be funded?

Legal aid may be available to parents, depending on the application. Alternatively, a fixed fee or hourly rates of a legal representative will be provided to you in advance for your full consideration. 

For expert legal advice on all family and childcare matters, contact Duncan Lewis Solicitors on 033 3772 0409.