S.S enquiries - when allowed?

[NorthernMum]

Hi,

I am a bit confused about when Social Workers are permitted to make enquiries without it violating data law or human rights.

My understanding, which may be wrong but based on what I have read, is that Social Workers can make enquiries if a) they have consent and/or b) Where there is reasonable cause to suspect that a child is suffering, or likely to suffer, significant harm, the local authority is required under s47 of the Children Act 1989 to make enquiries, to enable it to decide whether it should take any action to safeguard and promote the welfare of the child.

So, if a S.W received information from a professional referrer which they assess, document and report back to the referrer 'does not meet a threshold' (the referral is the only information known to them. No previous contact or anything), would they be permitted to run background checks on a family without consent.

I have had a read through Advice Sheet 9 on the FRG website but am still a bit unclear.
Chapter 4 talks about an assessment:

THE CHILD PROTECTION PROCESS
4. Assessment of your child’s needs and circumstances
4.1 What is an assessment?
The purpose of an assessment is to: 
Identify if your child is ‘in need’ 
Assess whether any specialist assessments are needed to help the social worker make a decision about how your child’s needs should be met Decide what extra support should be given to help you meet your child’s needs

What assessment would this be? I have heard of S17, S47 and Early Help???? So can the S.W do an assessment/make enquiries without your consent even if it does not meet a S.47 level?

If this is the case then what is the purpose of a strategy meeting? Again, I understood that the strategy meeting was to share info and then vote on whether the S.47 threshold was met to allow them to make S.47 enquiries.
But the assessment in '4.1' above suggests that C.S. can make enquiries without your consent prior to the strategy meeting? (Even if no threshold has been met with the information referred in??)

I should be grateful if anyone can provide clarity on this. I am truly confused. Many thanks for any help

[Suzie, FRG Adviser]

Dear NorthernMum

Thank you for your further post and I am sorry that you are finding the procedures confusing on reading our advice sheet 9 relating to child protection procedures.

It might be more helpful for you to read advice sheet 1 which deals with procedure once a referral is received by children's services. In your case the referral received was from a professional. In any situation when a referral is received children’s services should decide within 1 days what they intend to do that is, what assessment should be carried out. Have you now been told the children’s services intend to carry out child protection enquiries?

In response to your query ‘when Social Workers are permitted to make enquiries without it violating data law or human rights’. Children’s services have a statutory duty to act when they receive a referral in order to decide how to proceed. The strategy meeting to discuss the referral. Informing the referrer is not the end of their involvement. The purpose of the strategy meeting is to decide on how to go forward not to vote on whether s47 threshold met but for what further action is to be undertaken in respect of an assessment either provide support or child protection enquiries.

This does not mean that they can make a decision without making further enquiries. They would not be in breach of data protection or human rights in undertaking their statutory duties, provided they act within the remit of their duty. The fact that there has been no previous involvement with the family does not mean children’s services will not take any further action.

As stated in the advice sheet children’s services carry out their assessment and it is this assessment which informs what they may need to do next. If the decision is that support is needed for the child, then to offer a child in need plan with appropriate support. Alternatively, if the decision is that the child has suffered harm is suffering and likely suffer significant harm in the future, then an initial child protection conference is likely to be recommended.

You may find it helpful to ask the social worker to provide you with copy of their assessment protocol.

Children’s services can carry out enquiries since a referral does not and is not a basis of the harm only that someone has safeguarding concerns for a child or children. It is not, as I have said, the referral which is required to satisfy the threshold to pursue enquiries.

Section 17 (Children Act 1989) relates to the support that children’s services is able to offer. Please see our advice sheet Family support. Early Help could be offered is this is thought to be the best way of helping the family to deal with any concerns and to improve the situation. Under s47 children’s services can carry out child protection enquiries if have reasonable cause to be concerned that a child has suffered harm or is suffering harm.

If you are unclear about any aspect of children’s services involvement if is best to speak with the social worker or his or her team manager.

You may wish to speak to an adviser and, if so, can telephone our advice line on 0808 801 0366. The advice line is open from 9.30am to 3pm Monday to Friday (except Bank Holidays).

I do hope this useful and provides clarity for you.

Best wishes

Suzie

[Be66]

Hi Northern Mum

I empathise with your confusion and hope that you have got things sorted. I didn't know what a referral to CS meant and have found myself in the middle of a nightmare because I niavely gave my consent to have 'some support' for my 17 year old daughter which has now resulted in CS investigating school, college and GP for both daughters (only one is under CAMHs) and now my school will be notified because apparently I am a safe guarding risk. Needless to say, this has been THE most traumatic time of my life and I am in my 50s. It was never explained to me that CS would contact my daughters' school and college and that an investigation would be triggered that would include my local education authority designated officer and in turn my school because I am a teacher. This could have all been sorted with some meetings with me in with the CAMHs worker but I was never given the opportunity because I had just started a new job and told her I didn't want to jeopardise it by having to ask for time off so could they arrange out of work hours. This was then passed on to CS as 'not supportive of my daughter's mental health' and 'reluctant to get CS involved'. Talk about misrepresentation! Never heard anything from them until I was able to pick my daughter up from a meeting in Jan which was when they asked would I like 'some family support'. My confidence in the system has been completely undermined and now I await (with much anxiety) a potential 'suspension pending the results of an investigation' from my job. 'How on earth did I get here?' is all I can ask.

All the best
Be66

[Suzie, FRG Adviser]

Dear Be66

Welcome to the parents’ discussion forum and thanks for posting.

My name is Suzie, online adviser at Family Rights Group. I see from your post that you state you are confused about children’s services involvement with your family and subsequent referral to your local authority’s designated officer (LADO).

You have said you are a teacher and I think you may have an understanding in this capacity of children’s safeguarding and children’s services role in this. I understand that specific procedures may not be known in detail and I am sorry that this has caused difficulties for you. From what you say in your post it appears that the professional making the referral to children’s services had concerns regarding your daughter and her needs which may have appeared not to be your first concern. This then led to children’s services undertaking further enquiries in respect of your children,

I think you might find it helpful to read our advice sheet An introductory guide to Children’s Services which explains the procedure when children’s services receive a referral.

As a referral was made to LADO I am assuming that child protection enquiries were carried in respect of your children. Where a person works with children or other vulnerable people and there are safeguarding concerns regarding that person’s child or children a referral is often made so an employer will be aware of the concerns. This is obviously, a very distressing situation to be in when it comes to one’s employment.

Please read our advice sheet Child protection procedures for more information about child protection procedures

I thought it might help you to read our advice sheets as you said in your post you did not understand what it meant for a referral to be made to children's services or, how things got to the point they have. The social worker should have informed informed you of the steps being taken and what enquiries/investigations were to be done.

Should you wish to speak to an adviser about your situation you can telephone our advice line on 0808 801 0366. The advice line is open from 9.30am to 3pm Monday to Friday (except Bank Holidays).

I hope this is helpful.

Best wishes

Suzie

[Be66]

Thank you, Suzie, for your reply. I have not had much dealing with the safeguarding process and so I really appreciate your advice and help sheets. My grievance is that I was not aware all of the investigations would be carried out and that my school would be contacted (I'm on probation as it's a new job). I wasn't explained any of this and the referral is: 'request for service' but I didn't request anything. I accepted the offer of extra help because I thought it might do some good but all it has done is cause me stress which I am trying my hardest to hide from my daughter for fear she will start worrying. Her mental health has massively improved since January and I really don't want this to have an adverse impact on the progress she has made. Anyway, I will ring the advice line tomorrow if I think that will help but I'm going to wait until I hear from my school before doing so.

Again, thank you for your advice and hope you have a great evening!