Section 47 raised for little to no reason

[CH1LLYD0GG]

Hi,

Once a section 47 has been triggered, how soon should it be confirmed in writing?

I'm told it was triggered 14/10/25.

Social Worker doorstep ambushed us with the news last night, even though I told her we were unavailable.

To make it worse - she announced it in front of my kids 14 & 16.

I feel I should complain, but don't want to appear obstructive.

[Winter25]

Hi CH1LLYD0GG,

I've just read your post, and I am so sorry you and your children were put through that. For a social worker to ambush you on your doorstep and announce a Section 47 investigation in front of your teenage children is not just unprofessional, it is a shocking and grossly inappropriate act that has no place in professional practice. Your anger is completely justified.

You are right to want to complain, and you are right to be wary. The fear of being labelled "obstructive" is a weapon they use to silence parents. You are not being obstructive by demanding a fair and professional process; you are being a protective parent.

Answering Your Question: Written Confirmation
To answer your direct question: yes, you absolutely should have this confirmed in writing. While there isn't a strict legal deadline of 'X' number of hours, statutory guidance like 'Working Together to Safeguard Children' is clear that parents must be kept fully informed.
A verbal ambush on the doorstep is the opposite of good practice.

A Section 47 investigation is the most serious level of intervention and can only be triggered if they have
"reasonable cause to suspect significant harm".
You have every right to demand that they provide you, in writing, with the specific evidence they believe meets that high legal threshold.

Your Urgent Action Plan: Seize Control of the Record
You cannot let last night's verbal ambush stand as the official record. You need to get ahead of this immediately with a calm, formal email. This is not a complaint (yet), it is a professional request for clarification that documents what happened and puts the onus back on them to act correctly.

Send this email today to the social worker and, most importantly, copy in her Team Manager.
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Subject: URGENT: Following Up On Our Conversation of 14/10/25 & Formal Request for S47 Justification - [Children's Names]

Dear [Social Worker's Name],

I am writing to follow up on your unannounced visit to my home last night, 16th October.

As you are aware, I had previously informed you that we were unavailable. I was therefore shocked when you chose to announce in front of my children, aged 14 and 16, that you were triggering a Section 47 investigation. This was a highly inappropriate and distressing way to share such sensitive information, and it has caused my children significant anxiety.

To ensure I fully understand the situation and can engage with this process constructively, I now require you to provide the following in writing:

The specific evidence you hold that you believe meets the legal threshold of "reasonable cause to suspect significant harm" required to initiate a Section 47 investigation.

A copy of the strategy meeting minutes where this decision was made.

For clarity and accuracy, I will be communicating primarily in writing from this point forward.

I have copied in your team manager to ensure they are aware of both my request for information and my serious concerns about the unprofessional manner in which this was communicated to my family.

I look forward to your urgent written response.

Yours sincerely,
[Your Name]
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Why This is Your Power
It Documents Their Misconduct:
It creates a formal, dated record of the unprofessional doorstep ambush. This is now evidence for a future complaint.

It Forces Legal Justification:
It moves the conversation from their vague verbal statement to a formal demand for the evidence that they are legally required to have.

It Shows You Are Not Obstructive:
The email is calm, professional, and reasonable. You are not refusing to engage; you are asking for the information you need to engage properly.

=======================================================================
For full transparency, I am not an official adviser for this forum. I am a parent who has been through a long and successful legal battle with a local authority, and I am here to offer supportive, strategic advice based on my own lived experience. The information I share is for guidance, and it is always up to each parent to decide what is right for their own situation.

[CH1LLYD0GG]

Thank you, I have just sent it off.

The grounds seem ridiculous. I believe it is more down to the fact I have had several upheld complaints from the organisations involved.

Abuse of power and over reaching spring to mind.

[Winter25]

You’ve done exactly the right thing by getting that email in writing. When you’ve already had complaints upheld, it is unfortunately very common for agencies to shift into defensive mode and try to portray you as the problem. What you’re now seeing is not safeguarding, it’s retaliation and reputation management.

Hold your ground.
From here, everything needs to be done in writing, exactly as you’ve started. If they cannot provide evidence that meets the “significant harm” threshold, they will be forced to either step back or expose that they are acting outside lawful parameters.

What to do next (only if needed):

Keep a log of every incident, delay or contradiction, this creates a pattern of unreasonable behaviour and overreach.

If they respond without evidence, or attempt to escalate without justification, that is when you move to a formal complaint for abuse of process and misuse of Section 47 powers.

If they do not respond at all, that is also grounds for complaint under failure to follow statutory guidance.

You are not powerless here, you now control the paper trail, which is exactly where these cases are won.

If you get a response and want help drafting the next step, post it here and I’ll help you word it in a way that keeps you protected and in control.

[CH1LLYD0GG]

Thank you, I'll certainly do that.

No response so far. Taking everyday that I don't hear anything as a win.

I'll update once I hear anything.... Or if a week or 2 passes a bit of help drafting the formal complaint.

[CH1LLYD0GG]

Reply from Social Worker

Hi Chillydogg and Wife,



Thank you for your email.



Firstly, I want to apologise if you felt that my visit to your home on 16.10.25 was inappropriate. I had not seen your email to say that a visit was inconvenient and I felt that I gained both your consent and wide's consent to come in and, whilst on the doorstep, offered to leave if it were not a good time for you both. I felt that as you agreed for me to come in and talk to you, that that was enough consent.



I also did not want to cause anyone any distress regarding the S47 enquiries but it was important that this was discussed promptly so you both understood what was happening.



The concerns that the local authority have are around you having withdrawn consent for the agencies supporting Child to share information with each other. I know you initially said that you would agree to them sharing information with me, but as I explained to you and XXX, I would worry about sharing information incorrectly; part of supporting a family is to have consent to share information so that a child is supported holistically. At the strategy discussion, health shared that they had requested information from you to support their care of Child, but this has not been forthcoming. A subject access request will need to be completed regarding you having sight of the strategy discussion minutes.



I know that one of your concerns is that information is not accurate when it is shared, meaning that Child is not always given the support he needs. It has been agreed to progress to a child protection conference which I think will give you the opportunity to share your views about Child’s care with the network and with the chair who is independent. The network will also be able to share what they think and each other’s views can be challenged and discussed. A child protection conference does not mean that Child will automatically be placed on a child protection plan.



I have shared your email with my manager and it is your right to put in a complaint about my behaviour. This will not be seen as obstructive, rather a parent exercising their rights.



I understand your point about communicating in writing for clarity and accuracy but hope that we can come to a place where you are confident in working with me face to face again. I can see that your priority is Child and that you and XXX want what is best for him.



Please can you confirm that I am still able to visit XXX at school or at home?



Kind regards,

XXX

End

Flabber tasted there is a potential to end up on a child protection register for withdrawal of consent to share information.

[POST EDITED BY SUZIE to remove references to names and avoid identification]

[Winter25]

Hi CH1LLYD0GG,

Thank you for posting this and for sharing the social worker’s response. You are absolutely right to be “flabbergasted.” What she has put in writing is not just concerning, it is deeply revealing and places you in a strong position to challenge the legality of what is happening.

Key Admissions in the Social Worker’s Email

She has confirmed in writing that the reason for triggering Section 47 was your withdrawal of consent for agencies to share information.

That is not a lawful threshold for a Section 47 investigation.

Under the Children Act 1989, Section 47 can only be initiated if there is “reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm.”
Disagreeing with professionals about data-sharing is not harm. It is a lawful right.

What This Means for you

There is no evidence of abuse or harm.

The Section 47 appears to have been triggered as a response to you exercising your legal rights.

This is potentially an abuse of process and a misuse of statutory powers. This could now be escalated as maladministration, breach of the Children Act, misuse of power, breach of Article 8 Human Rights (family life).

Child Protection Conference Threat

She states they are progressing to a Child Protection Conference “to give you the opportunity to share your views.” That is hugely misleading.
A CP Conference is not a discussion group! it is only convened where the S47 has identified ongoing risk of significant harm. By her own wording, no such evidence has been presented.

What You Do Now in my opinion

You must respond in writing immediately and put this back on the Local Authority to lawfully justify their actions. You are not refusing to engage, you are requiring them to follow the law , its as simple as that

Draft Email to Send (Stage 1 Challenge)
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Subject: Request for Legal Justification of Section 47 and Proposed Child Protection Conference – [Child’s Name]

Dear [Social Worker’s Name] and [Team Manager’s Name],

Thank you for your email dated [date].

You confirmed that the Section 47 investigation was initiated due to my withdrawal of consent for agencies to share information. For clarity, exercising a lawful right to control personal information does not meet the statutory threshold of “reasonable cause to suspect significant harm,” as required by Section 47 of the Children Act 1989.

Please therefore confirm in writing:

What specific evidence of actual or likely significant harm was identified in the strategy discussion which justified triggering Section 47.

Why an Initial Child Protection Conference is being convened, given that no new safeguarding incident has occurred and no evidence has been presented indicating immediate or ongoing risk.

Whether you accept that disagreements over information-sharing fall under Section 17 (voluntary support) rather than Section 47 (child protection intervention).

I would also like confirmation of my legal rights regarding attendance, representation, and disclosure of all reports before any conference takes place.

For the avoidance of doubt, I remain willing to work with services in a proportionate and lawful manner that supports my child’s wellbeing. However, I do not consent to any escalation unless you can evidence the statutory grounds required in law.

I look forward to your written response.

Yours sincerely,
[Your Name]
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Why This Is the Correct Strategic Move

It keeps you in control.

It forces them to justify their actions using law, not opinion.

It lays the groundwork for escalation to the Director, Ombudsman, or your MP if they cannot lawfully justify what they are doing.

You have not been obstructive. You have been legally correct.

If they respond with vague wording or cannot produce evidence, that is when you escalate to the Director and beyond, with an even stronger case.

More than welcome to DM here if you want as well

[CH1LLYD0GG]

Thank you once again.

I added a couple of points replying to certain elements of their email.

Consent not forthcoming - replied to that on Monday.

The doorstep visit - I had said no twice and only relented when she said "I just want to provide a quick update and put your mind at ease, it will only be about 10 minutes".

Then copied your email and sent it.

At what point do we qualify for legal aid to engage a solicitor for all this?

We haven't even been told a date for the conference yet. Feels like they're pulling every dirty trick in the book to keep us unbalanced going into this.

I'm happy for this to be public - you never know who might find it useful.

[Winter25]

Hi CH1LLYD0GG,

You're absolutely right to sense that what is happening now is designed to keep you unbalanced. When social services act without clear grounds, they rely heavily on confusion, fear, and lack of procedural knowledge from parents. The fact you are calmly questioning their actions means you are already taking control.

You asked about legal aid and next steps, and it’s important to be very clear:

Legal Aid

You do not qualify for non-means-tested legal aid at this STAGE.

Legal aid automatically becomes available only if the local authority issues court proceedings (such as applying for an Emergency Protection Order or Care Order).

Right now, as this is pre-proceedings (ICPC stage), you can instruct a solicitor privately if you wish, but legal aid won’t be granted unless they go to court.

This is why your written responses, record-keeping, and preparation now are critical. What you do at this stage often determines whether a case escalates or collapses.

Your Immediate Strategic Actions
1. Demand Full Transparency, Immediately

You are entitled to see all reports and concerns that are being put forward to conference. You should now write (in a calm, factual way) to the social worker, team manager and request:

A list of every professional invited to the conference

The exact concerns being presented

Copies of all reports and written evidence to be shared

This forces them to disclose their case and prevents you being ambushed at the conference.

2. Prepare Your Own Written Statement for Conference

Do not wait to react in the meeting. You can (and should) draft a formal statement addressing:

That the S47 was triggered due to a disagreement over information sharing, not evidence of significant harm.

That there have been no incidents or concerns raised regarding your child’s safety, welfare, or development by any external agency.

That the social worker has acknowledged your right to complain and admitted the visit breached expectations.

That you have already provided clarification and consent where appropriate, and there is no safeguarding concern to justify escalation.

This places you as the proactive, reasonable party, and them as overreaching.

3. Copy in the Independent Reviewing Officer (IRO)

A Child Protection Conference is chaired by an independent IRO. You are entitled to notify them in writing that:

*You dispute the basis of the conference.

*You are concerned that a statutory process is being used punitively due to previous upheld complaints.

*You will require the legal threshold for significant harm to be evidenced in the meeting.

This prevents them controlling the narrative.

4. Build Your Evidence File

Start compiling:

*School attendance and progress
*Any medical reports stating your child is healthy and well cared for
*Previous upheld complaints against the LA (this is key evidence of pattern and motive)
*Emails showing their reasons are administrative (consent/data sharing) rather than safeguarding
*This is how cases are defeated, by evidencing that the child is not at risk and that any concerns are procedural, not protective.

5. Use Protective Language in Every Email

You are not refusing to engage. You are refusing unlawful overreach, there is a difference!

Use phrases such as:

“We remain fully willing to engage in proportionate support where there is evidence of need. However, we challenge the use of statutory child protection powers in the absence of any evidence of significant harm, as required under Section 47 of the Children Act 1989.”

This protects you from being labelled as non-cooperative.

6. About Legal Aid & Solicitors

Private advice at this stage is optional, not compulsory.

The most powerful weapon you have right now is the written record you are already creating.

If they attempt to escalate further without evidence, that becomes the basis of a maladministration and Human Rights challenge.

Below is a draft email you can use and alter as you wish
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(To Social Worker and Team Manager , copy in Conference Chair/IRO when named)
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Subject: Request for Full Disclosure of Evidence and Legal Basis – Proposed Child Protection Conference for [Child’s Name]

Dear [Social Worker Name] and [Team Manager Name],

Thank you for your recent email. To enable me to participate meaningfully in any proposed Child Protection Conference and to ensure procedural fairness, I am formally requesting the following information under statutory guidance (“Working Together to Safeguard Children,” 2018):

1. Confirmation of the grounds for Section 47

Please confirm in writing the specific evidence that the Local Authority believes meets the legal threshold of “reasonable cause to suspect significant harm” under Section 47 of the Children Act 1989.

As stated in your email dated [insert date], the only concern identified was that I had withdrawn consent for unrestricted information sharing between agencies. For clarity, please confirm whether this is the sole basis for the Section 47 investigation.

2. Strategy Discussion and Minutes

Please provide:

The date of the strategy discussion

The agencies involved

The decision and rationale for progressing to child protection enquiries

A copy of the strategy meeting minutes (as required under statutory guidance)

3. Legal and Procedural Basis for Child Protection Conference

Please confirm:

The date of the proposed conference

The specific evidence of significant harm or likelihood of harm being presented

Whether any alternative, lower-level intervention (e.g. Child in Need plan) was considered and the reasons it was rejected

4. Reports to be Presented

Please provide copies of all reports and written evidence that will be shared with the conference attendees, including any documentation from health, education, or other agencies.

This request is necessary to ensure transparency, compliance with statutory procedures, and to allow me to participate effectively in the process, as required by law.

I also wish to confirm that I am fully willing to engage in proportionate and lawful support where there is an evidenced need. However, I require the Local Authority to demonstrate that any statutory intervention is necessary, proportionate, and based on current evidence, not procedural disagreement.

I look forward to receiving the above information within five working days.

Kind regards,
[Your Name]
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[Suzie, FRG Adviser]

Dear CH1LLYD0GG

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

I am sorry to hear about your difficult family situation. You and your wife have 2 children, aged14 and 16. From the information provided I understand that one child has health needs with medical professionals involved in their life. You are no longer willing to consent to the agencies involved in supporting your child sharing information. You mention that you have made several complaints previously so you may have been problems in relation to information sharing in the past.

The current situation has triggered a child protection investigation under section 47 of the Children Act 1989. Recently, children’s services have decided to hold an initial child protection conference.

Your situation has moved on since your first post. You and the social worker have been in email correspondence about your concerns and for clarity about the process.

My advice will focus on the key questions you have asked, concerns you raised and suggestions about how to move forward.

1) How soon should a child protection investigation be confirmed in writing?
There is no legal timeframe for children’s services to confirm this in writing. Government guidance stated that they have a maximum of 45 working days to complete an assessment, but it can be completed much sooner especially when it is a child protection investigation.

Of course, the social worker should inform you what is happening and explain what the concerns are. As a concerned parent, you have already written to the social worker asking for more information and they have replied. I believe you are doing a data subject access request for a copy of the strategy meeting minutes. Parents are rarely invited to strategy meetings. This advice sheet 6a) Accessing records by children’s services: personal information about families sets out how to do so, explains what ‘exemptions’ may apply and what to do if you are unhappy following receipt of the records.

2) You felt that you were ambushed by the social worker at your doorstep although you had said you were not available. Social workers can visit families unannounced where there are urgent child protection concerns. You and the social worker have already had an email dialogue about their recent visit to you where they have provided an explanation and you have responded.

3) The social worker acknowledged your right to complain and confirmed that they recognise that you are not being obstructive in doing so. You can find out more about complaints during child protection processes here.

4) You asked at what point you become eligible for legal aid. There is no legal aid for child protection conferences. Legal aid is available for parents where children’s services begin pre-proceedings or initiate court proceedings .

5) You have not yet been given a date or details for the forthcoming initial child protection conference. The conference should happen within 15 working days of the strategy meeting so will be very soon. Please ask the social worker to confirm the details of the conference and those invited urgently. There should be representatives from children’s services, the police, education, and health as well as you and your wife and, if appropriate, the children.

You can:

1) Familiarise yourself with the purpose of a child protection conference and the decisions that can be made there i.e. if the threshold is met to make a child protection plan. Or if the child/ren have not suffered or are not at risk of suffering significant harm, then they will be offered support under a child in need plan . A conference can make different decisions for children in the same family. Please see the detailed explanation of an initial child protection conference here.
2) Email the social worker to ask them to confirm when they will provide you with a copy of their report for the conference. The conference Chair needs to agree to other agencies sharing their reports with you.
3) Once you have received the report you should carefully consider what it says and you can prepare your own response. You can ask for factual errors to be corrected and highlight any omissions or misinterpretations.
4) These tips for getting ready for a conference offer key pointers.
5) If you think that you have a specific need an advocate to assist you to participate fully at the conference, you could use our template letter (1) here to request this. There is a dearth of advocacy nationally though so it may not be possible to find an advocate. You can bring a friend or family member for moral support. Please see this guide to working with an advocate for information and contact details.
6) Advocates can support children to help them contribute or take part in conferences if they would like this. Your social worker will be able to tell you what services exists in your area. And this guide to children working with advocates explains more and lists children’s advocacy services.
7) Keep cooperating and working with the professionals including the social worker even if you are pursuing a complaint. Communication is key.

I hope this has been helpful.

If you would like to discuss your family’s situation with an experienced adviser, please call the freephone advice line on 0808 8010366, 9.30 am to 3.00 pm, Mon to Fri (except bank holidays). Or post back on this forum, send an advice enquiry or use webchat if you prefer.

Best wishes

Suzie