section 47 advice

SN0408
Posts: 18
Joined: Thu Jul 25, 2019 9:10 am

section 47 advice

Post by SN0408 » Fri Aug 02, 2019 6:09 pm

Hi,

We had an incident were out daughter was hurt from falling out of window, she has recovered now, however social services are conducting a section47. I also some text messages from social worker.
  • My concerns are as follows
  • 1) satisfactory response
  • 2) I have searched the hcpc register where i cannot find any record as a practitioner only as registered social worker
  • 4) Response given was section 47 children act 1989
  • 5) Not answered concisely they have mentioned section 47 and keep insisting family home visit
  • 6) Declined on the basis of human rights act; I have to be cautious about video recordings held about me and how these could leak into the Social Media or be used inappropriately for example information could be used for intimidation by others etc. Therefore, regarding the issue of your intention to record me when I visit your family home, it is my professional view that this is a breach of my human rights to privacy – besides as I am not aware of how you intend to use the recordings and it will not be in the best interest of my professional role to have you record me
  • 7) Not satisfied with response; I am required under the Local Authority policies and procedures as well as the HCPC code of conduct to show families my ID when I visit their homes. I will have my work ID badge which has my names and a Photo as well as my HCPC registration with me. I hope these will be sufficient.
  • 8) Not satisfied with response; A statutory assessment is completed by utilising the Framework for the Assessment of Children In Need (Department of Health). Once the assessment is completed, a copy with the outcome and recommendations is shared with the families. This is usually signed by myself and the team manager.
  • 9) Not satisfied with response; You are welcome to video your home but as explained earlier, I will not be appearing in your video recordings for the reasons explained
  • 10) Your opinions on this; I appreciate your position and view, however , given the issues identified so far , I would like to complete the assessment which will cover the needs of your children and how the parents are meeting those needs, the assessment is holistic and will also capture any strengths/positive factors, any concerns/gaps and any complicating factors and what needs to happen around supporting you and your wife to ensure the children’s overall needs are being met and that they are also safeguarded from suffering harm.

My email sent to them as below on 25/7/19


Dear MS xxx

1) It Appears you have 2 names XXXX and XXXX please confirm the correct name for yourself so i can identify the correct person

2) You have declared yourself as advanced practitioner along with triage / mash and assessment please confirm these positions along with registration as i only can find social worker registration SWxxxx, License: 1/12/18 to 1/12/20

3)Medical records, GP and school records should be accessed by consent please clarify legislation on accessing records without consent

4) Provide me with a written report of allegation or inquiry that you are investigating

5)What sort of outcomes are we looking at following your home visit, is there any evidence that we can supply to end matters

6) The meeting will be video recorded and a independent person will be sitting in on all meetings

7) I will require 2 pieces of identification one of which should be photo id

8) All questions and answers will be in writing, this will include word for word and you will sign bottom of pages to confirm this a true account of everything said

9) Any inspection in the home will be video recorded and pictures with date and time stamp will also be taken

10)While i appreciate your concern in this matter i can assure you both children are well and the above actions are for their safeguarding
Last edited by Suzie, FRG Adviser on Mon Aug 05, 2019 11:03 am, edited 1 time in total.
Reason: To prevent a breach of confidentiality

SN0408
Posts: 18
Joined: Thu Jul 25, 2019 9:10 am

Re: section 47 advice

Post by SN0408 » Fri Aug 02, 2019 6:26 pm

Sorry for long post wanted to ensure i had all information

In Summary here are my concerns
  • Can a social worker access any records from gp, schools and hospitals without permission in our case without consent as there has been no obstruction and if i am right legislation on these matters are non statutory
  • Can they carry out a section 47 without informing parents
  • They have referenced to my son and older daughter in 2012/2013 how do i access these records so i have the same evidence they have
  • They have not once asked how the children are instead have been harassing us and sending police which i have video evidence of in this tragic time while we are trying to care for speedy recovery of our daughter
  • Refusal to be video recorded
  • Not agreeing to provide 2 proofs of id
  • Refusal to sign word for word notes at bottom of each page to confirm this a true account of everything said
  • Refusal to be video recorded if home visit and inspection is allowed

    PerfectlySafeDad
    Posts: 171
    Joined: Tue Aug 23, 2016 2:57 am

    Re: section 47 advice

    Post by PerfectlySafeDad » Fri Aug 02, 2019 9:02 pm

    As a parent who has been trampled all over by these people, well done S! You are doing exactly the right thing by insisting on written records, dates, appropriate qualifications, even witnesses and demanding a specific explanation as to what they are investigating/concerned about. This will make it hard for them to shift goalposts as they go along, in what always threatens to be a long and drawn out process with ill-defined parameters of behavior and action from them. They dislike paperwork precisely because they want to make things up as they go along, and be unaccountable for any potential mistakes or disproportionate safeguarding decisions they make. I find it rich for them to plead 'human rights' (over the videoing), and I applaud how you stress that your attitude is based on the well-being of your children. I can't advise on the laws you are concerned about (which is why they have run roughshod over me and my ex), but your organized and intelligent approach is exactly what is needed with them. You're being perfectly reasonable in everything you do, and you're leaving a body of evidence to prove it. Well done and good luck.

    SN0408
    Posts: 18
    Joined: Thu Jul 25, 2019 9:10 am

    Re: section 47 advice

    Post by SN0408 » Fri Aug 02, 2019 10:43 pm

    PerfectlySafeDad wrote: Fri Aug 02, 2019 9:02 pm As a parent who has been trampled all over by these people, well done Sajnoor! You are doing exactly the right thing by insisting on written records, dates, appropriate qualifications, even witnesses and demanding a specific explanation as to what they are investigating/concerned about. This will make it hard for them to shift goalposts as they go along, in what always threatens to be a long and drawn out process with ill-defined parameters of behavior and action from them. They dislike paperwork precisely because they want to make things up as they go along, and be unaccountable for any potential mistakes or disproportionate safeguarding decisions they make. I find it rich for them to plead 'human rights' (over the videoing), and I applaud how you stress that your attitude is based on the well-being of your children. I can't advise on the laws you are concerned about (which is why they have run roughshod over me and my ex), but your organized and intelligent approach is exactly what is needed with them. You're being perfectly reasonable in everything you do, and you're leaving a body of evidence to prove it. Well done and good luck.
    Many thanks for your kind words and emotional support, i am organized and good at letter writing, i can also download and interpret legislation so will give them a good thrashing and make work difficult for them whilst being professional.

    swim
    Posts: 17
    Joined: Wed Apr 10, 2019 8:07 am

    Re: section 47 advice

    Post by swim » Sat Aug 03, 2019 7:18 am

    Hi PerfectlySafeDad,

    Good for you! They will say you are being obstructive so keep emphasising you're intention is strictly for accuracy, maybe put in writing that you will not use for purposes other than the case / complaints etc- Regarding the "human rights", I believe the SW is acting on behalf of the state and not as a private individual...unless she is intending to share personal data about her private life (not her work life) the HRA doesn't seem to apply. The transparency project published a document called "parents recording social workers - a guidance note for parents and professionals" - that may be useful.

    In relation to your question about them accessing data without your permission (presumable knowledge?). The document they sent you was a bit pants and I think the SW should at least have sent you a copy of the councils procedures. There is advice in "working together to safeguard children" which I believe is statutory guidance. The short answer seems to be yes they can under certain circumstances but it sounds like you would have openly complied so it's a bit questionable. I'd complain to them first and ask why they didn't seek permission and elevate it to the Information Commissioner's Office (keep a copy of the letter you sent and any replies - the ICO won't proceed without this).

    I'm interested to find out if a S47 can be done without your knowledge - this happened to me and my wife, the senior social worker ordered ours between 2pm - 3pm in a strategy meeting and the whole thing was completed by end of day! They literally just approached it like a form to fill out. I would never have known it happened except for a GDPR request - we kept being told it was just a CIN process. Is it a single agency enquiry or a Joint enquiry? If the latter you may want to look up "achieving best evidence in criminal proceedings".

    Good luck - perhaps ask for a different social worker who is confident having their actions on the record, or ask if they want you to sign anything to say you won't publish anything.

    SN0408
    Posts: 18
    Joined: Thu Jul 25, 2019 9:10 am

    Re: section 47 advice

    Post by SN0408 » Sat Aug 03, 2019 9:35 am

    Many thank for your replies,

    I am still collating notes and have only sent reply to sw to state am seeking legal advice and will get back to them.

    On another note regarding section47 found this on XXXXX council website

    The Social Worker, together with their manager, must decide whether to seek parental permission to undertake Multi-Agency checks. Whilst it is good practice to seek agreement, this is not needed if it would be prejudicial to the child's welfare.

    So it seems all their rules are made up by them here is extract of section 47: (Will be useful for anyone involved with social workers)

    1. Duty to Conduct Section 47 Enquiries
    When the local authority social worker receives a referral and information has been gathered during an assessment (which may have been very brief), in the course of which a concern arises that a child maybe suffering, or likely to suffer, significant harm, the local authority is required by Section 47 of the Children Act 1989 to undertake enquiries. The purpose of this multi agency enquiry and assessment is to enable the agencies to decide whether any action should be taken to safeguard and promote the welfare of the child. Any decision to initiate an enquiry under Section 47 must be taken following a Strategy Meeting/Discussion.
    Responsibility for undertaking Section 47 enquiries lies with the Local Authority Children's Social Care in whose area the child lives or is found. 'Found' means the physical location where the child suffers the incident of harm or neglect (or is identified as likely to suffer harm or neglect), e.g. nursery or school, boarding school, hospital, one-off event, such as a festival, holiday home or outing or where a privately fostered or looked after child is living with their carers. For the purposes of these procedures the Children's Social Care area in which the child lives, is called the 'home authority' and the Local Authority Children's Social Care in which the child is found is the child's 'host authority'. 
    Multi agency information checks:
    The social worker together with their manager must decide at what point and whether to seek parental permission to undertake multi-agency checks. If the manager decides not to seek permission, they must record the reasons why, for example it may:
    Be prejudicial to the child's welfare;
    Have serious concern about the behaviours of the adult;
    Have serious concern that the child would be exposed to immediate risk of harm.
    Where permission is sought from parents and carers and denied, the manager must determine whether to proceed anyway, and record the reasons for the decision they make.
    Each agency has a duty to assist and provide information in support of child protection enquiries. When requested to do so by Children's Social Care, professionals from other parts of the local authority such as housing, schools and those in health organisations have a duty to cooperate under Section 27 of the Children Act 1989 by assisting the local authority in carrying out its Children's Social Care functions. The social worker must contact the other agencies involved with the child to inform them that a child protection enquiry has been initiated and to seek their views. The checks should be undertaken directly with involved professionals and not through messages with intermediaries. The relevant agency should be informed of the reason for the enquiry, whether or not parental consent has been obtained and asked for their assessment of the child in the light of information presented.
    See Information Sharing Procedure.
    Last edited by Suzie, FRG Adviser on Mon Aug 05, 2019 11:05 am, edited 2 times in total.
    Reason: To prevent a breach of confidentiality

    SN0408
    Posts: 18
    Joined: Thu Jul 25, 2019 9:10 am

    Re: section 47 advice

    Post by SN0408 » Sat Aug 03, 2019 9:35 am

    part 2 of section 47

    2. Immediate Protection
    Where there is a risk to the life of a child or the possibility of serious immediate harm, an agency with statutory child protection powers (the police, Children's Social Care and the NSPCC) should act quickly to secure the immediate safety of the child.
    When considering whether emergency action is required, an agency should always consider whether action is also required to safeguard and promote the welfare of other children in the same household (e.g. siblings), the household of an alleged perpetrator, or elsewhere.
    Planned emergency action will normally take place following an immediate Strategy Discussion/Meeting between police, children's Social Care, health professionals  and other agencies as appropriate.
    If it is necessary to remove a child from their home, a local authority must, wherever possible and unless a child's safety is otherwise at immediate risk, apply for an Emergency Protection Order (EPO). 
    Police Powers of Protection should only be used in exceptional circumstances where there is insufficient time to seek an EPO or for reasons relating to the immediate safety of the child

    SN0408
    Posts: 18
    Joined: Thu Jul 25, 2019 9:10 am

    Re: section 47 advice

    Post by SN0408 » Sat Aug 03, 2019 9:36 am

    part 3 of section47

    3. Section 47 Thresholds and the Multi Agency Assessment
    A Section 47 Enquiry must always be commenced immediately following a Strategy Discussion/Meeting when:
    There is reasonable cause to suspect that a child is suffering or likely to suffer significant harm in the form of physical, sexual, emotional abuse or neglect;
    Following an EPO or the use of Police Powers of protection is initiated.
    The threshold criteria for a Section 47 Enquiry may be identified during an early assessment or it may become apparent at the point of referral, during multi-agency checks or in the course of a multi agency assessment.
    Local authority social workers have a statutory duty to lead enquiries under Section 47 of the Children Act 1989. The police, health professionals, teachers and other relevant professionals should support them in undertaking the enquiries.
    A multi agency assessment (see Assessment Procedure) is the means by which Section 47 Enquiries are carried out. The assessment will have commenced at the point of receipt of referral and it must continue whenever the criteria for Section 47 Enquiries are satisfied. The conclusions and recommendations of the Section 47 Enquiry should inform the assessment which must be completed within 45 working days of the date when the referral was received.
    The enquiries and assessment should always involve separate interviews with the child and, in the majority of cases, the parents, and the observation of interaction between the parent and child. This will include interviews and observations of parents, any other carers and the partners of the parents

    SN0408
    Posts: 18
    Joined: Thu Jul 25, 2019 9:10 am

    Re: section 47 advice

    Post by SN0408 » Sat Aug 03, 2019 9:36 am

    part 4 of section 47

    4. Strategy Discussion / Meeting
    Whenever there is reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm, there should be a strategy discussion/meeting. The strategy discussion/meeting should be co-ordinated and chaired by a Children's Social Care Team Manager. In any circumstance where a Team Manager is not available to chair the Strategy Discussion, they will delegate this to a Practice Manager and this delegation will be recorded in the Strategy Discussion document.
    The strategy discussion/meeting should involve Children's Social Care and the police, health professionals involved with the child and/or named/designated nurse and/or named/designated doctor and other bodies as appropriate (for example, children's centre/school and, in particular, any referring agency.) In the case of a pre-birth strategy discussion/meeting this should involve the midwifery services.
    Professionals participating in strategy discussions/meetings must have all their agency's information relating to the child available to be able to contribute to the discussion/meeting, and must be sufficiently senior to make decisions on behalf of their agencies.
    In some circumstances strategy discussions by telephone may be adequate to plan an enquiry and must include the agencies directly involved with the child. For telephone strategy discussions, all agencies should make a record of the outcome of the telephone discussion and actions agreed at the time. The record of the notes and decisions authorised by the Children's Social Care manager should be circulated as soon as practicable to all parties to the discussion.
    Some examples of circumstances where a strategy discussion/meeting should be considered:
    Any new referrals in respect of a child where there are concerns that a child is suffering, or is likely to suffer, significant harm;
    When new information on an existing case in Children's Social Care indicates that a child is likely to suffer significant harm;
    Any new information that a child may be likely to suffer, or has suffered significant harm  through being sexually exploited; undergoing FGM or being exposed to radicalisation;
    When an adult or young person assessed as presenting a risk to children has moved into, or is about to move into, the child's household or such a person is regularly visiting or about to have sustained contact with the child;
    When the likelihood  of significant harm to an unborn child may be such as to indicate the need to develop a Child Protection Plan before birth;
    When the death of a child in family, in which abuse or neglect is suspected, is confirmed and there are other children in the household;
    When a child lives in, or is born to, a household in which resides another child who is currently the subject of a Child Protection Plan;
    When a child who is currently the subject of a Child Protection Plan in another area moves into the local area unless the other authority is to retain responsibility for the case;
    When a child has sexually assaulted another child or there is a risk of such an assault occurring to another child in the same household or in regular contact with the household (in which circumstances a Child Protection Conference should be held in respect of both children).
    (This is not an exhaustive list.)
    A strategy discussion/ meeting should be used to:
    Share available information;
    Agree the conduct and timing of any criminal investigation;
    Decide whether an assessment under Section 47 of the Children Act 1989 (Section 47 Enquiries) should be initiated, or continued, if it has already been initiated following an earlier Strategy discussion/meeting;
    Consider the assessment and the key action points, if already in place;
    Plan how the Section 47 Enquiry should be undertaken (if one is to be initiated), including the need for any medical assessment, and who will carry out what actions, by when and for what purpose;
    Agree what action is required immediately to safeguard and promote the welfare of the child, and/or provide interim services and support. If the child is in hospital, decisions should also be made about how to secure the safe discharge of the child;
    Agree, in particular, when the child will be seen alone, if appropriate for the child, by the social worker during the course of these enquiries and agree the methods by which the child's wishes and feelings will be ascertained so that they can be taken into account when making decisions;
    In the light of the race, ethnicity, beliefs and culture of the child and family, consider how these should be taken into account and to establish whether an interpreter will be required; and
    Consider the needs of other children who may be affected (e.g. siblings and other children, such as those living in the same household, and/or in contact with alleged abusers);
    Determine what information from the strategy discussion/meeting will be shared with the family, unless such information sharing may place a child at increased risk of significant harm or jeopardise police investigations into any alleged offence/s;
    Determine if legal action is required.
    It is the responsibility of the chair of the strategy discussion/meeting to ensure that the decisions and agreed actions are fully recorded using an appropriate form/ record. All agencies attending should take notes of the actions agreed at the time.
    A copy of the record should be made available for all those, who had been invited or involved, as soon as practicable by Children's Social Care.
    Timescales:
    Strategy discussions/meetings should be convened as soon as possible bearing in mind the needs of the child, except in the following circumstances:
    For allegations/concerns indicating immediate risk of harm to the child (e.g. serious physical injury or serious neglect) the strategy discussion/meeting should be held on the same day as the receipt of the referral;
    For allegations of penetrative sexual abuse, the strategy discussion/meeting should be held on the same day as the receipt of the referral, if it is required to ensure forensic evidence;
    Where the concerns are particularly complex (e.g. fabricated/induced illness/ organised abuse/ child sexual exploitation or allegations against staff) the strategy discussion/meeting must be held as soon as practicable. However where there is a need to provide immediate protection to a child they must take place on the same day as the referral.
    Outcomes:
    The plan made at the strategy discussion/meeting should reflect the requirement to convene an Initial Child Protection Conference within 15 working days of the strategy discussion at which it was decided to initiate the Section 47 Enquiry. When Children's Social Care have concluded that an Initial Child Protection Conference is not required but professionals in other agencies remain seriously concerned about the safety of a child, these professionals should seek further discussion with the social worker, their manager and/or the designated safeguarding professional lead. The concerns, discussion and any agreements made should be recorded in each agency's files. This should be actioned within a timescale commensurate with the need to safeguard the child and in accordance with the Conflict Resolution Policy.
    In exceptional circumstances, enquiries may be more complicated and may require more than one strategy discussion/meeting. If the strategy discussion / meeting concludes that a further strategy discussion / meeting is required, then a clear timescale should be set and be subject to regular review by the social work manager bearing in mind the safety of the child at all times.  Where there is more than one Strategy Meeting it should be noted that any Initial Child Protection Conference should be held within 15 working days of the Strategy Meeting, which initiated the Child Protection Enquiry.
    If the conclusion of the strategy discussion/meeting is that there is no cause to pursue the Section 47 Enquiry then consideration should be given to continuing a multi- agency assessment to meet the needs of the child for any early help support services or to provide family support services to them as a child in need.

    SN0408
    Posts: 18
    Joined: Thu Jul 25, 2019 9:10 am

    Re: section 47 advice

    Post by SN0408 » Sat Aug 03, 2019 9:37 am

    part 5 of section 47

    5. The Section 47 Enquiry
    Children's Social Care is the lead agency for Section 47 Enquiries (Children Act 1989) and the Children's Social Care manager has responsibility for authorising a Section 47 Enquiry following a strategy discussion/meeting.
    The Section 47 Enquiry and assessment must be led by a qualified social worker from Children's Social Care, who will be responsible for its coordination and completion. The social worker must consult with other agencies involved with the child and family to obtain a fuller picture of the circumstances of all children in the household, identifying parenting strengths and any risk factors. Enquiries may also need to cover children in other households with whom the alleged offender may have had contact. All agencies consulted are responsible for providing information to assist.
    At the same time, where there is a joint investigation, the Police will have to establish the facts about any offence that may have been committed against a child and collect evidence as they lead the criminal investigation.
    The Section 47 Enquiry should begin by focusing on the information identified during the referral/assessment and strategy discussion, which appears most important in relation to the risk of significant harm.
    The assessment of risk and vulnerability will:
    Identify the cause for concern, its seriousness, any recurring events and the vulnerability and resilience  of the child;
    Evaluate the strengths, including the protective factors, and weaknesses of the family;
    Evaluate the risks to the child/ren and the context in which they are living;
    Consider the child's needs for protection; from whom and how;
    Consider the capacity of the parents and wider family and social networks to safeguard and promote the child's welfare - this must include both parents, any other carers, such as grandparents, and the partners of the parents;
    Risk factors that may suggest a higher level of vulnerability in the family and  risk of significant harm such as  parental mental health difficulties, parental substance misuse, and domestic violence or combinations of these;
    Determine the level of intervention required to improve the outcome for the child to be safeguarded in the immediate, interim and longer term.
    Multi agency information checks:
    The social worker must contact the other agencies involved with the child to inform them that a Section 47 Enquiry has been initiated and to seek their views. The checks should be undertaken directly with involved professionals and not through messages with intermediaries.
    The relevant agency should be informed of the reason for the enquiry, as well as whether or not parental consent has been obtained, and asked for their assessment of the child in the light of information presented.
    Agency checks should include accessing any relevant information that may be held in other parts of the United Kingdom or in any other country. See also Working with Foreign Authorities: Child Protection Cases and Care Orders Departmental advice for local authorities, social workers, service managers and children's services lawyers July 2014.

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