Overturning Section 47 Report

[banzaicat]

I am aware that it is possible to overturn a Section 47 report. I have had contact via facebook from people that have. However I am struggling to get one removed.
I was falsely accused of harming my child. The Police ran an investigation for 4 months, and interviewed the child. They drafted in specialist officers from the National Crime Agency. The police took no action as there was no evidence. The only evidence provided, was from the child. My child.

My child suffers from auditory sensitivities, and claimed I shouted at them to a teacher 2 days after the alleged incident. The school reported no injuries, or knowledge of this before hand. My child was with a council carer and her mother for 36 hrs before my daughter went to school, nothing was reported to them, or even her grandmother and cousin, who were on chats with my daughter over the weekend. The child eventually admitted the matter was false to police and social workers.

The social worker determinded a substantiated harm, a month before the police conducted an ABE interview. She refused to reverse her decision. She was suspended by Social Work England in December 2024.

3 years have now passed, and the Council wont remove or even just append the record to say it didnt happen. Their basis being the social worker made the decision at the time. Their data retention policy explicitly states there is no minimal period before they will remove the record. Child is now an adult, and has mental health issues and is unable to deal with this. I appreciate not many Section 47 investigations are formally removed, but some are. Desperate to speak to anyone that has had a Section 47 removed.

[Suzie, FRG Adviser]

Dear Banzaicat,

Thank you for your post and welcome to the parents’ forum. I am Suzie, an online adviser answering your enquiry today.

You explain that children’s services hold a record of a S.47 enquiry that was completed some time ago and that you would like it ‘overturned’. Do you mean that you wish the record to be removed?

Children’s services have a legal duty to undertake child protection enquiries if they receive any information that suggests a child could have experienced significant harm or be at risk of this. As part of this duty they can decide to open a child protection investigation under S.47 of the Children Act 1989. Section 47 investigations are described in more detail here and would keep a record of this regardless of the outcome.

You have already asked for a copy of the local authority’s data retention policy. As you are aware the record will be in your child’s name rather than your own.
You could seek further advice on this question from the Information Commissioner’s Office who would be more able to offer specialist advice on data protection issues than our organisation. You can link to their website here.

I hope this is of some help.

Best wishes,
Suzie

[banzaicat]

Yes I mean expunged from the records. The incident did not happen. It was a false and malicious report by the child, who subsequently withdrew the allegations to the police.

Social Services had already written their report.

Ironically the social worker is now suspended by the professional body. The data team at the council heavily redact the information. I know its rare for records tobe expunged, but other have managed it.

[Suzie, FRG Adviser]

Dear banzaicat

Thanks for your further post. I can see that this situation has caused you and your now adult child a lot of distress. I can also understand that the social worker’s suspension from the register by Social Work England may impact on you.

There is little I can add to my previous advice which clarifies children’s services’ duties. It sounds as if you have already been through children’s services’ complaints process. They have stated that they will not remove or append the record. You can consider contacting the Local Government Ombudsman (although may be out of time) or the ICO as previously discussed. We also have further information about challenging decisions e.g. human rights here, however, this is a very specialist area of law, with specific criteria and timescales. If you or your adult child wants legal advice you would need to discuss with a specialist lawyer (contact details on the back of the advice sheet).

I hope that you and your adult child can move forward and wish you well.

Best wishes

Suzie

[Misscathhelp]

Could I get some help of someone please

[Suzie, FRG Adviser]

Dear Misscathhelp

Welcome to the parents’ discussion board. Thank you for posting. My name is Suzie. I am Family Rights Group’s online adviser.

I will be able to offer you some advice, Misscathhelp. You can either post your question on this board (in the same way you did this initial post) and I will respond as soon as I can. Another parent may also respond to offer you their support or advice from their perspective.

If you prefer, you can call our freephone advice line on 0808 8010366. The lines are open from 9.30 am to 3.00 pm, Monday to Friday (except bank holidays). The other options are to send an advice enquiry form or use our webchat – this is only open on Mondays and Thursdays, from 2 pm to 4 pm.

Please do get in touch again.

Best wishes
Suzie