Thinking about Section 47

The Independent Social Care Review has produced a report 'The Case for Change' which considered the possibility that 'early help' and 'child protection services' could be separated to ease the tension between the two. However, the Review chair, Josh MacAlister, has pointed out that past reforms in the Probation Service to separate high-risk work from lower-risk services had failed. However, his reference to Probation reforms is misleading. That was a simple organisational response to workload pressures and priorities. The proposal to separate section 47 duties from the other duties of children's services is a completely different matter. The need for separation is based on the fact that the style of working required for a section 47 investigation requires a different mindset from that adopted by social workers responsible for 'safeguarding' vulnerable children and 'caring' for children in the care system.

Children's Services reach out to all children in need but it has lead responsibility for safeguarding children at greatest risk. Unfortunately, the subject of section 47 investigations is still being misunderstood by some social workers. The assertion in Community Care that children’s services open too many investigations into families was uncritically endorsed by a small goup of social workers in the Comments section of the magazine. [see Reference below] However, 'The Case for Change' notes that 'Decision making and risk assessment related to harm is too inconsistent and often isn’t good enough.' [see Reference below] I believe that the profession must therefore take the lead in clarifying the role and function of social workers under section 47 of the Children Act 1989.

The debate is not about whether a child protection intervention is inherently good or bad. The real issue is whether it is appropriate. In some authorities a section 47 is triggered when a baby has a single bruise. But in the case of Elsie Scully-Hicks, who at less than 18 months old had a plaster cast on her leg, it was not. This wide variation in practice brings the profession into disrepute. There are two important points arising from this. One is that the profession needs a better understanding of the power given to social workers to investigate a situation where a child is possibly suffering, or is likely to suffer, significant harm. The other is that the organisational arrangements should ensure that social workers are helped to use their legal powers in an ethically sound way.

While it is apparent that in recent years there has been a steady increase in child protection activity, the real nature of the social work task of 'investigation' is shrouded in mystery. It is impossible to know what training is provided for this work and whether social workers are given the support they need. There is also some uncertainty about what circumstances make managers decide an immediate investigation is necessary. Has there been a serious incident or allegation? Or simply an accumulation of alarming factors? Where is the research into this area of work?

The social work profession promotes itself as having the skills to bring about positive changes in children's lives and establish a family environment in which a child can live free from violence and serious neglect. The social worker's supportive input and persuasive efforts to remind parents of their responsibilities can often work - particularly if children's services has a good reputation and people have confidence in social workers' knowledge and skills. However, if risks to children continue and new concerns are reported it may then be necessary for social workers to make use of their legal powers under section 47.

If children's services receives a report suggesting that a child may have suffered physical or sexual abuse or serious neglect, it has a duty to convene a section 47 strategy meeting to consider whether the situation requires a formal investigation. The response to child protection concerns is informed by the threshold test that is enshrined in the Children Act 1989. Obviously, the nature of the information known may raise questions and pose uncertainties and dilemmas that invariably require a carefully considered response. If the decision is made to proceed under the section 47 duty the interview with the family can be a challenging task and should only be carried out by experienced social workers. The outcome of the section 47 investigation should be carefully recorded and the family informed of decisions made. I believe that good oversight and management of section 47 investigations is essential so that children who are possibly at risk do not slip through the net.

Social workers seem to have an elevated view of their professional status and believe that they should be left to their own devices in determining how a section 47 investigation should be conducted. However, on social media many people are raising concerns about poor practice and questioning social workers' professional judgements. Complex issues are not being opened up to public scrutiny. Inspection findings generally do not suggest that local authorities are carrying out unnecessary child protection investigations. However, scrutiny of the details of practice in this important area of work often appears to be superficial.

I am pleased to see that a social worker has written about good practice and given a detailed account of the thinking processes that social workers undertake when gathering information and reaching their decisions. His article clarifies the statutory duties on social workers. It is on the Transparency Project website and titled 'Child protection investigations – no further action necessary?' [see Reference below]

Hilary Searing