Child Care Videos

Date when Video was Published: 16/10/2023

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. The enquiry can only take place if the Local Authority are of the view that the child does not require immediate protection. During the investigation, the Social Worker will gather evidence from professionals such as the police, teachers or GPs. Any expert or professional asked to contribute to the assessment 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. A section 47 enquiry is initiated to decide what type of action is required to safeguard and promote the welfare of the child. A section 47 enquiry must be initiated when a child is subject to an Emergency Protection Order and when the child is being protected by the Police as the result of a Police Protection Order; or when a child may be at risk of harm and the Local Authority can show they have reasonable cause to suspect this. 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. 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 or they can provide the family with additional support or take no further action at all. The Local Authority have a duty to ensure the protection of a child in their area and must note the overriding principle the Court will consider if proceedings are initiated, is the welfare of the child . Duncan Lewis Solicitors have specialist solicitors who represent clients in this niche area of law. Please visit our website or call us directly on 033 3772 0409

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This video content was created on 16/10/2023 to provide an overview of the legal position and the information was correct at the time this video was created. This video has been produced for purposes of generic information and marketing purposes only. While the information on this site is about legal issues, it is not intended as legal advice or as a substitute for the particularised advice of your own legal advisor. Please consult one of our lawyers to provide you with advice and assistance on any matters touched on this video. Viewing of this video does not create legally binding advice and does not create a retainer with Duncan Lewis Solicitors. This video is Copyrighted at Duncan Lewis Solicitors 2023. Any illegal reproduction of this content is prohibited and will result in immediate legal action.