Section 47 help

[Ducky123]

Hi, I’m looking for some advice from anyone who has experience of Children’s Services, Section 47 enquiries or safeguarding referrals.

I’m currently subject to a Section 47 enquiry concerning my daughter. I am fully cooperating with Children’s Services and have no objection to my daughter being spoken to, including separately/private if appropriate.

My concern is how the referral has been interpreted and, particularly, the decision to inform my daughter’s father.

The social worker has told me that the Section 47 is largely due to what is on the police dashcam/body-worn footage and that I apparently reported eight previous incidents of “non-fatal strangulation.”

This is where I am very confused.

There was an incident with my partner over two years ago. I accept that there was physical contact during an argument, but I do not recall describing eight incidents as “non-fatal strangulation.” My recollection is that what happened was more akin to a push/physical contact around the neck rather than what I would describe as strangulation.

I am concerned that, during my interaction with the police, terminology may have been put to me or my words may have been interpreted in a way that I did not intend. I did not deliberately make a false allegation or deliberately describe the incident as something it wasn’t. I am now trying to clarify what I actually said and what was recorded.

There has also been no similar incident for over two years, and since then my partner and I have sought help as a couple and worked on our relationship and communication. My partner was recently arrested/involved with police in relation to the current matter but was released without charge and without bail conditions or other restrictions.

I understand that a police decision not to charge does not automatically mean Children’s Services must close a safeguarding enquiry. I also understand why an allegation involving strangulation would be treated seriously. My concern is whether the Section 47 is continuing on the basis of an inaccurate or misunderstood account of what I actually reported, and whether the current safeguarding threshold remains met.

The other issue is my daughter’s father. We have only recently been through contentious family-court proceedings and communication between us is currently very difficult. The social worker has told me that the matter has been through MARAC and that “the decision has been made” to tell him that our daughter is subject to a Section 47.

I am struggling to understand what safeguarding purpose this serves at this stage. I am fully cooperating with Social Care and my daughter can be spoken to. I am concerned that telling her father could reignite conflict and potentially put her in the middle of adult issues.

I’d really appreciate advice on:

1. Can Children’s Services continue a Section 47 where the information underpinning the referral is disputed or may have been inaccurately recorded/interpreted?
2. Should they review the original police information if I am saying that I did not use the terminology attributed to me?
3. Does the fact that the police released my partner without charge or conditions have any relevance to the social-care assessment?
4. Is a parent with parental responsibility automatically required to be told about a Section 47, or is that a case-specific professional decision?
5. Does MARAC actually make the decision to inform the other parent, or would that normally be Children’s Social Care’s decision?
6. Can Social Care speak to my daughter and complete its initial enquiries before deciding what information actually needs to be shared with her father?

I’m not trying to prevent safeguarding enquiries and I’m not saying that historical concerns should simply be ignored. I want the situation assessed on accurate information and current risk, rather than terminology or conclusions that I don’t believe accurately reflect what I reported.

I’d be particularly interested in hearing from anyone who has challenged the accuracy of information contained in a police referral or has had a Section 47 management review.

[Ducky123]

Social worker has been to visit, confirmed she has no concerns and will close the case off.

She still wants to contact the other parents involved.

I have asked her to confirm in writing what they will be told. Do they have to provide this?

[Suzie, FRG Adviser]

Dear Ducky123,

I am Suzie, an online adviser for Family Rights Group replying to you today.
Thank you for your posts. I will reply to both here.

I am sorry to read about your recent stressful circumstances, but glad to hear about the positive changes that you and your partner have achieved.

Children’s services are under a duty to inform a parent with parental responsibility of a S.47 investigation. However, there are safety exceptions. Engagement with any parent can be bypassed or delayed if notifying or involving that parent immediately places the child or another caregiver at further risk of significant harm.

You write that there have recently been contentious family court proceedings and that you are concerned that ‘telling the other parents could reignite conflict and potentially put her in the middle of adult issues.’ MARAC stands for multi-agency risk assessment conference, so children’s services have examined this issue within the specialist forum of MARAC. Children’s services have discussed their statutory duty to inform your child’s father of the S.47, and whether there are any safety exceptions that apply in this situation. The conclusion was that children’s services must fulfil their duty to inform your child’s father of the S.47 investigation.

You ask if children’s services to share the information to be given to father with you, in writing. This is a reasonable request and children’s services should seek to work with you in a transparent way.

If you have not already done so, you should let the social worker know of your concerns that your daughter could be affected by re-ignited conflict, so that preventive advice and guidance can be given to the other adults involved, and your daughter given support if necessary. You may find the Family Rights Group guide to working with social workers useful. You can link to it here.

Further information on child protection investigations is here.

Children’s services decision-making on a S.47 investigation does not depend on police decisions on charging or bail conditions. Police practice is informed by evidence available, whereas children’s services determine whether a child has experienced significant harm or is at risk of this.
A child seeing, hearing, living in, or spending time in a household where someone is mistreated will likely be viewed as:
 Evidence the child is suffered significant harm, or
 Evidence the child is at risk of suffering significant harm.

Further information about the impact of domestic abuse on children can be found in Chapter 4 of the government’s domestic abuse statutory guidance (paragraphs 128-145 which you can link to here.

You explain that the social worker has now informed you that there are no further concerns and that the investigation will now be closed.

Should you need further support on communication and relationship issues in order to sustain the positive changes in your household you could look at useful links to domestic abuse support organisations here.

I hope that this information and advice was helpful.
You can call our free, confidential adviceline on 0808 801 0366 (Monday to Friday, 9:30am – 3pm) to speak in person with an adviser. We also have a webchat which is currently open on Monday and Thursday afternoons, and an advice enquiry form.


Best wishes,
Suzie