Social services section 47 investigation

[Bedoy]

Apologies for long post. My ASD daughter has been battling eating difficulties since November 2021. She was under the Maudsley for a little under 2 years and then discharged. Fast forward to January 2024. Her peg tube started to hurt and cutting a long story short, the nhs would not remove and replace where it was fitted as she had turned 17 and was refused by Peadeatrics. An urgent adult referral was made, but it took 5 months, many complaints letters and lots of tears to get it replaced. By which time she had multiple secondary infections. In period between first presenting at a and e and the tube and secondary issues being resolved, she lost almost 6kg, as she was vomiting every meal. Her weight was already quite low, so this was very scary.

In July eventually prescribed an anti sickness drug, which worked immediately, our gp took bloods and she had low potassium, we were told to go to a and e, where we would be met by the medical reg. to have IV potassium. Unbeknownst to us, the gp had written a letter saying my daughter should be admitted. We were unprepared, had nothing with us for this, she didn’t have her safe items and refused to stay. So instead they did the potassium and we were discharged after 11 hours, with hospital to home team to visit.

The consultant reported me to social services saying I had refused treatment for my daughter, which was not true, at all. The gp rang and was angry we hadn’t stayed in and said he was going to refer my daughter back to the Maudsley, I said she would not accept that, as they had put her on Olanzapine, an anti psychotic, which has left her with ongoing health issues, despite being off of it for 11 months. The gp again said this was refusing care, despite my daughter no longer being sick and gaining weight. I explained that she needed some recovery time from the trauma suffered over the past seven months. He took the decision to also report me to social services.

The social worker visited and I explained why my daughters weight was so low, but that she was no longer being sick and was gaining weight now.

A few days later I got a call to say that because I was refusing care (not true), that a section 47 investigation would be opened. They insisted on coming to our home immediately, when they arrived they said they were calling an ambulance and taking my daughter straight to hospital. It took us two hours to talk them down from that stance. They insisted on visiting three times a week while the investigation was ongoing. The stress and anxiety caused to the whole family has been immense, especially on the back of the trauma of the nhs failings. A couple of days ago I was told that the investigation found that the case would go to a conference.

Obviously, there is a lot more detail to this, eg, a hospital rejected a referral because she was ‘autistic and too complex', had to get MP involved, etc etc etc. it has been awful to fight so hard, whilst my daughter was fading away, but to then be blamed is so distressing.

How should I prepare for the conference? Should I seek legal representation? Should I get character witnesses? Is there any advice please. Many thanks

[Suzie, FRG Adviser]

Dear Bedoy,

Thank you for your post and welcome to the Parents’ Forum. My name is Suzie, and I am an online adviser replying to your enquiry today.

You explain that your daughter who is 17 and has an Autistic Spectrum Disorder diagnosis and has also been referred to mental health services. In addition, she has needed help with physical health issues at times due to difficulties with eating causing nutritional deficiencies and weight loss.

You detail a time when you were told that your daughter’s health needs could not be met under paediatric services any longer, but an urgent referral to adult services was not responded to for five months. During this time your daughter lost a significant amount of weight. I am sorry to hear about this distressing and frustrating experience.
You describe different opinions about your daughter’s care between yourself and the professionals involved – such as the GP and the prescribing psychiatrist. You explain that this difference of opinion has been depicted as refusal of treatment but that you disagree that treatment for your daughter is being refused.

It sounds like there has been a series of misunderstandings in addition to the differences of opinion between you and your daughter and the different medical professionals. The situation has been further complicated by the waiting times for the health care that your daughter urgently needed. You now find yourself in a situation where you are being asked to work with a new set of social work professionals. It may be useful for you to read through the Family Rights Group guide to working with social workers here. This guide can help parents to think about best ways to communicate, have their voice heard and establish trust – as these are all achievable even where there are different views about a young person’s needs.

Following the GP’s referral to children’s services, a S.47 investigation was organised and an initial child protection case conference is to be held.
You can read more about child protection procedures – including what is meant by risk of significant harm, S.47 investigations, and how child protection case conferences are held here.
You want to know how to prepare for the conference. You should be given the social worker’s report for the case conference and have an opportunity to meet with the conference chair beforehand. You should liaise with the allocated social worker and conference chair to ensure that the relevant medical professionals are invited to attend or submit relevant written information about your daughter’s health. In general, most parents do not have legal representation at this stage. You can request that a solicitor attend the case conference, but they would not be able to speak on your behalf. Legal aid would not be available to you to cover the cost at this stage.
You can link to detailed information on what to expect at an initial child protection case conference here

As your daughter is 17, she could attend the case conference if she wishes to. If she does not wish to attend her views should be represented in a different way.
You may wish to consider requesting support from an advocate for yourself at the conference and/or for your daughter. You can read more about advocates for parents here and advocates for children and young people here. Family Rights Group have a template letter that parents can use to request support from an advocate at an initial child protection case conference. You can link to this here (Scroll down the page to ‘template letters for families and look at Letter 1)

The initial child protection case conference will gather together the professionals who work with your daughter and who can give expert comment on her needs and any risks. The people at the conference will decide whether they think your daughter is likely to suffer significant harm in the future. The conference must come up with plans to make sure that your daughter is safe and well cared for, and as part of this the attendees will decide whether there needs to be a child protection plan. You can read more about child protection plans in the first link above which details all stages of the child protection process.

I hope this information was useful to you.
There are many different ways to contact Family Rights Group if you seek further advice in the future:

• A free telephone advice line open Monday to Friday between 9.30am and 3pm (excluding Bank Holidays) on 0808 801 0366
• Easy-to-follow online information. Features include an A-Z, FAQs, films, ‘top tips’ and legal advice sheets;
• An web enquiry form as a way of submitting an email enquiry.
• A webchat service where you can message an adviser online, who will help you find information and advice to support you.

Best wishes,
Suzie

[Bedoy]

Thank you, this is very helpful and informative.