section 47 investigation wales

The Key Worker is responsible for calling the Core Group meetings and providing minutes, making sure that the outline Plan is developed and agreed by the Core Group into a more detailed inter-agency Plan; act as lead worker for the inter-agency work with the family; ensure communication and co-ordination between members and arrange Core Group meetings and minutes; and the completion of the Core Assessment within the maximum 35 working days. It will be attended (as appropriate) by the child (if s/he is of sufficient age and understanding), parents, social worker, health visitor, school nurse, nurse manager, midwife, voluntary organisation(s), housing, Child and Adolescent Mental Health Services (CAMHS), Women’s Aid, police, social services team leader, school, education welfare officer, solicitor, consultant paediatrician, probation, substance misuse worker; nursery worker. An emergency protection order lasts up to eight days, but can be extended once, for a maximum of seven days. . “harm” means ill-treatment or the impairment of health or development, including, for example, impairment suffered from seeing or hearing the ill-treatment of another; “development” means physical, intellectual, emotional, social or behavioural development; “health” means physical or mental health; and, “ill-treatment” includes sexual abuse and forms of ill-treatment which are not physical. . (a) having money or other property stolen;(b) being defrauded;(c) being put under pressure in relation to money or other property;(d) having money or other property misused; âNeglectâ means a failure to meet a person's basic physical, emotional, social or psychological needs, which is likely to result in an impairment of the person's well-being (for example, an impairment of the person's health or, in the case of a child, an impairment of the child's development);The local authority must make whatever enquiries it thinks necessary to help it decide whether action should be taken. However,as Lady Hale said in Williams v Hackneyin 201… If the Initial Conference agrees to registration on the CPR (see below), the Conference must also confirm an outline Plan for the Core Group which will meet frequently to facilitate working together on the Plan, monitor actions and outcomes, timetable and prepare the report to the Review Conference. Section 47 of the National Assistance Act 1948 (which enables local authorities to apply for a court order to remove persons in need of care and attention from home to hospitals or other places) ceases to apply to persons in Wales. Children's Services has the statutory duty to make, or cause to be made, enquiries when circumstances defined in Section 47 of the Children Act 1989, exist. . This is a section 47 transfer to hospital from prison, with section 49 restrictions added. Framework for Response 4 5. Please check again to see if this topic has been updated. Section 19 of the SSWAthat Act requires local authorities to assess whether an adult has needs for care and support and if so, what those needs are. Preparation for Trial in a Magistrates’ Court(PDF 249kb, 7 pages) [cm001england-eng.pdf] 3. A range of non-statutory guidance known as the All Wales Children Protection Procedures, listed on the Other Guidance page is currently being reviewed. An initial child protection conference will consider the outcome of the section 47 investigation. (1) Where a local authority—. The ward manager can tell you the date of the next visit. A child’s name can only be removed by a decision of a Review Conference. The police should notify children’s services as soon as practicable. Introduction 3 2. In Wales, applicable statutory guidance for all agencies on responding to concerns that a child may at risk of harm is the ‘Working Together to Safeguard People – Individual children at risk‘ guidance published in June 2018. A resource for social workers, social care practitioners, foster carers and advisers who need to find the current law relating to social care for children and young people in Wales. Any harm a child suffers because a parent is being harassed or intimidated is also caught by the definition of Â "harm". Initiating Section 47 Enquiries Purpose of Section 47 Enquiries 1.3.6 A Section 47 Enquiry is initiated to decide whether and what type of action is required to safeguard and promote the welfare of a child who is suspected of, or likely to be, suffering significant harm. Local authorities ar… â¢ is aware or is informed that a child who lives, or is found, in their area is the subject of an emergency protection order or is in police protection, orâ¢ it has reasonable cause to suspect that a child who lives, or is found in their area is suffering, or is likely to suffer, significant harm,the authority shall make, or cause to be made, such enquiries as it considers necessary to enable it to decide whether it should take any action to safeguard or promote the childâs welfare. What is Hampshire police procedural rule regarding a section 47 investigation flow chart, time scales, information sharing sequencing of disclosures to parents of conclusions. Harm is therefore broader than physical violence alone and includes sexual abuse and forms of ill-treatment which are not physical. An emergency protection order is an order from the court that allows the child to be removed from home if the child is in imminent danger, and grants parental responsibility to the local authority. Part 3 of the SSWA 2014 sets out the requirement of local authorities to assess the needs of individuals for care and/or support. . Author: SE Wales Regional Safeguarding Forum 27.01.10 Date for Review: 27.01.11 Version: Final Status: Unprotected Page 2 of 14 Disposal: SECTION 47 ENQUIRIES CONTENTS Page Flow chart 2 1. Preparation for Trial in a Magistrates’ Court in Wales (English language editi… Section 47 requires that where a local authority has reasonable cause to suspect that a child “is suffering, or is likely to suffer, significant harm" the local authority shall make or cause to be made such enquires as it (a) are informed that a child who lives, or is found, in their area—. Section 47/49~ Page 8 This leaflet has been prepared by the Welsh Assembly Government (March 2009) Section 47/49~ Page 1 PATIENT INFORMATION LEAFLET 19 MENTAL HEALTH ACT 1983 SECTION 47 (and SECTION 49): TRANSFER TO HOSPITAL OF A PERSON SERVING A SENTENCE OF IMPRISONMENT WITH RESTRICTIONS You have been admitted to: Your Responsible Clinician is: E+W. (i) is the subject of an emergency protection order; or. A Section 47 enquiry may run concurrently with police investigations. Single Agency or Joint Enquiry/Investigation. Close The Police and Children's Social Care must co-ordinate their activities to ensure the parallel process of a Section 47 Enquiry and a criminal investigation is undertaken in the best interests of the child. Criminal investigations and Section 47 Enquiries may give rise to circumstances and information relevant to decisions that have to be taken by both agencies. 47 Local authority’s duty to investigate. This replaces the previous 2004 guidance. (iii) F1. Underlying principles 3 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; Professional guidance to doctors about child protection is published by the General Medical Council. Such action could include the provision of care and support under the SSWA 2014 or taking steps to protect the adult under other legislation, such as the Mental Health Act 1983 or the Mental Capacity Act 2005. https://lincolnshirescb.proceduresonline.com/chapters/p_section_47.html Under PACE section 18(5), such a search of premises may be conducted prior to the arrested person being detained in police custody and prior to an authority by an Inspector if the presence of the person at a place (other than a police station) is necessary for the effective investigation of the offence. The duty is triggered where it appears to a local authority that an adult may have such needs. . South East Wales Regional Forum SECTION 47 CHILD PROTECTION ENQUIRIES . Police protection powers are contained in section 46 Children Act 1989 under which a police officer who has reasonable cause to suspect that a child is at risk of significant harm can remove the child to a safe place for up to 72 hours. Preparation for Trial in a Magistrates’ Court(Word 344kb, 7 pages) [cm001england-eng.doc] 2. https://www.proceduresonline.com/halton/cs/p_sec_47_enq.html The powers in sections 47C to 47F may Referral Process 3 4. Enquiries may also need … Section 46 powers are sometimes mistakenly referred to as ‘a police protection order’ but no order is involved. "Harm" is defined in section 31(9) of the Children Act 1989 as "ill-treatment or the impairment of health or development, including, for example, impairment suffered from seeing or hearing the ill-treatment of another". The definition of significant harm is relevant throughout the Children Act 1989. . BBC Homepage. See also the Section 47 Protocol between Surrey Children's Services and Surrey Police (which can be accessed by clicking on the 'guidance and protocols' button in the menu at the left hand side of the screen. Registered charity no. Children’s Services have two basic functions; to help and support families stay together but also to make application to the court to remove children from those families if they think there is a risk of serious harm. However this does not mean that the police will always take the lead in the investigative interview. However an Inspector must be informed following such a search. âAbuseâ means physical, sexual, psychological, emotional or financial abuse (and includes abuse taking place in any setting, whether in a private dwelling, an institution or any other place), and âfinancial abuseâ includesâ. The Law Wales website is constantly being updated with new articles and content. Concerns about a child who is suffering or is likely to suffer significant harm may arise in the process of providing services to a child or family, or may result from the local authority receiving information about a child who lives, or is found in its area. In order to make clear that this type of assessment is a statutory duty I have chosen to refer to it as a 'section 47 interview'. Where a baby has been harmed, has died or has been abandoned then a Section 47 investigation must be completed in collaboration with the Police. A Review is due withing three months of the Initial Conference and then at least every six months while the Plan continues. . If Social Services make a decision that the report/referral received does not relate to a child at risk they will make a record of this and the rationale for their decision. . 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. . Magistrates’ courts forms 1. Consideration must always be given to information gathered about the home, community … used to satisfy a confiscation order made under Part 2 of POCA. 1136855, Services for children who need care and support, Welsh Government guidance for foster carers, Working Together to Safeguard People – Individual children at risk. The police have lead responsibility for the criminal investigation and therefore the video interview process is managed by them and the Section 47 enquiry will run alongside the criminal investigation. 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. By section 47C (2), cash and exempt property may not be seized (see paragraph 22). Multi-Agency welfare enquiries Regulations made under section 54 of the SSWA 2014 (care and support plans) must provide for the conclusions of the local authority's enquiries (for example, its decision to take the action recorded in the action plan) to be recorded as part of the adult's care and support plan. . Your request will be considered in accordance with the legislation and you will receive a … . If the local authority decides that action should be taken, it is expected that it will ensure that an action plan is drawn up. . . When a child has been reported under section 130, the local authority must consider whether there are grounds for carrying out an investigation under section 47 of the Children Act 1989. Find out more about how this site is updated. . The Wales manager is co-operating with the police, his representatives say. Copyright Cardiff University. The regulations under section 47(6)(a) specify which is the appropriate NHS body (or trust in Northern Ireland) for the giving of consent to arrangements made by Welsh local authorities for nursing home accommodation in Wales, Scotland, Northern Ireland and England respectively. (ii) is in police protection; F1. Children Act 1989, section 47 Concerns about a child who is suffering or is likely to suffer significant harm may arise in the process of providing services to a child or family, or may result from the local authority receiving information about a child who lives, or is found in its area. Trix procedures. . When a joint enquiry takes place, the police have the lead for the criminal investigation (see Section 7, Referrals to the police) and local authority Children's Social Care have the lead for the Section 47 enquiries and the child's welfare. If not, then the conference can decide to remove the name of the young person from the CPR. Section 47 investigation. local authority must investigate if they have good reason to suspect that a child who lives An Initial Conference will be held to ‘transfer-in’ the child and decide if the grounds for registration justify remaining on the Register. Only valid for 48hrs × LOCAL INFORMATION. . . . . . It is defined by section 31(9) as follows: Under section 47 Children Act 1989, a local authority has a duty to investigate if it appears to them that a child in its area is suffering or is at risk of suffering significant harm. Healthcare Inspectorate Wales Bevan House Caerphilly Business Park Van Road Caerphilly CF83 3ED Or you can telephone: 029 2092 8858 Or you can fax: 029 2092 8904 or you can speak to a Reviewer when they visit. . . apparent during the police investigation the police will inform the appropriate Social Services Department. The Children Act 1989 is a United Kingdom Act of Parliament which allocates duties to local authorities, courts, parents, and other agencies in the United Kingdom, to ensure children are safeguarded and their welfare is promoted. . In these circumstances, the local authority must make enquiries as to whether any action is needed to safeguard or promote the child’s welfare. When a child is on the Register in one county of the UK and moves to another county, they are automatically placed on the Register of the ‘receiving’ county. Under section 47 Children Act 1989, the Local Authority is under a duty to make enquiries and to investigate if there are reasonable grounds to suspect that a child is suffering, or is likely to suffer, significant harm. If a Child Protection Pre-birth Conference decides to register an unborn baby, registration on the CPR will commence on the date of birth. Under section 47 Children Act 1989, a local authority has a duty to investigate if it appears to them that a child in its area is suffering or is at risk of suffering significant harm. . Section 21 makes similar provision in relation to the assessment and identification of a child's needs for care and support. Section 130 of the Social Services and Well-being (Wales) Act 2014 requires “relevant partners” of a local authority to inform the local authority if they have reasonable cause to suspect a child is at risk of experiencing abuse, neglect or other types of harm. Review meetings will consider explicitly whether the child continues to be at risk of significant harm and continues to need safeguarding through adherence to the child protection plan. Surrey Children's Services - Single Agency Enquiry . . The threshold for an investigation is that the local authority has ‘reasonable cause to suspect’ significant harm, or where the child is subject to an emergency protection order, or is under police protection (see below). Social workers have a statutory duty to lead assessments under section 47. . If a local authority: Section 47B sets out a number of pre-conditions for the exercise of the seizure powers under section 47C. The purpose of the enquires is to gather information about the child and their family so that social workers can decide what action, if any, they need to take to keep a child safe and promote their welfare. This discussion is essentially about the section 47 enquiry as a single agency social work investigation. There is clearly a tension between these two different roles and the dividing line is not always clear between ‘support’ – which must be something you agree to have – and ‘removal’ – which is usually something forced on parents against their will. . 8. The Ministry of Justice can add section 49 restrictions if they think it's appropriate. (Such action could result in the local authority seeking to secure the agreement of the childâs placement in local authority arranged accommodation (in accordance with section 76 of the Social Services and Well-being (Wales) Act 2014 or the local authority seeking to secure a care order under section 31 of the Children Act 1989)). On behalf of the Local Safeguarding Children’ Board, each childrens’ servcies department maintains the Child Protection Register (CPR) which lists all the children and young people who are assessed by a Conference to be suffering, or likely to suffer, significant harm and for whom there is a Child Protection Plan, a key worker and Core Group. The name of the child or young person can only be placed on the CPR by a decision of an Initial Conference that the criteria for registration have been met.