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Family law guide
During the course of child custody and child contact the courts can order many reports to be conducted, one of which may include a section 47 report. These reports may need to be carried out by either Cafcass or the Local Authority. A section 47 report documents the entire multi-agency assessment process, focusing on whether the child is suffering or likely to suffer significant harm. Section 47 reports apply in cases of suspected child abuse and safeguarding concerns. The social worker weighs the child’s welfare and safety thoroughly before deciding what to do. Our family specialists will assist you in considering what a section 47 report is, as well as a section 7 report, and how best to prepare for these reports.
The assessment process involves collaboration between children’s services and children’s social care, who play a central role in investigating safeguarding concerns and protecting children at risk.
Written by: Hannah Overton, Complex Children Specialist
Legally reviewed by: Iblal Iqbal, Partner & Family Law Strategist
Applies to: England & Wales
Important: This guide provides general information. It is not legal advice for your individual circumstances.
Formal child protection enquiries and investigations require a section 47 report. The report applies where social workers need to make further enquiries about child protection and child safety. Section 47 of the Children’s Act 1989 governs the Section 47 report. The complaints about a child might concern physical abuse, emotional abuse or sexual abuse. They might also concern other actions that have neglected the child. According to section 47 the local authority has a duty to investigate where a local authority:
The purpose of the section 47 report is to allow the local authority to make enquiries they consider necessary to enable them to decide whether they should take any action to safeguard or promote the child’s welfare and assess the child’s circumstances. The report is based on a multi agency assessment led by local authority children’s social care, involving collaboration with police, health professionals, and other agencies. A Section 47 report must include details of the initial concern, strategy discussion notes, the child’s details and circumstances, family composition and history, multi-agency checks and information, details of enquiries and interviews, analysis and risk assessment, decision-making process, outcome and future action plan, and feedback and communication.
Understanding your parental rights during a section 47 enquiry is essential when facing a child protection investigation. Parents have specific rights throughout the section 47 child protection investigation. The local authority must weigh those rights against the child’s safety.
During a section 47 enquiry, you have the right to learn why the investigation is happening. You can also learn what concerns people have raised about your child. You should receive clear explanations about what evidence has prompted the section 47 child protection investigation and what the likely next steps will be. Parents also have the right to participate in assessments and provide their own account of circumstances.
However, parental rights during a section 47 enquiry are not absolute. Where serious concerns about significant harm exist, the local authority may limit certain rights to protect the child. The complexity of balancing these competing interests means professional guidance is often invaluable. Our family law specialists can advise you on understanding your parental rights during a section 47 enquiry based on your specific circumstances.
The concept of significant harm is central to every section 47 child protection investigation, yet there is no absolute legal definition. Understanding what section 47 significant harm means helps parents grasp why the local authority started an investigation.
Section 47 significant harm refers to ill-treatment or impairment of health and development that is considerable, noteworthy, or important. The harm can take various forms including physical abuse, emotional abuse, sexual abuse, or neglect. When assessing section 47 significant harm, social workers look at the child’s health and development. They compare it with what you would reasonably expect of a similar child.
Factors considered when determining section 47 significant harm include the severity of ill-treatment, duration and frequency of abuse, extent of premeditation, and any threats or coercion involved. Each section 47 child protection investigation assesses these factors individually, meaning outcomes vary considerably depending on circumstances. Our family lawyers can help you understand how section 47 significant harm thresholds apply to your situation.
Preparing for a section 47 investigation social worker interview requires careful thought about how to present your circumstances clearly and honestly. The interview forms a crucial part of the section 47 child protection investigation process.
Before your section 47 investigation social worker interview, gather any relevant documentation that supports your position, such as medical records, school reports, or character references. Consider the questions social workers may ask about your child’s welfare, daily routines and family circumstances. During a section 47 investigation social worker interview, remain calm and cooperative whilst being truthful about any difficulties you have faced.
Remember that the social worker interview gathers information about your child’s welfare. It is not there to catch you out. However, what you say can significantly impact the outcome of the section 47 child protection investigation. Given the stakes involved, many parents find that seeking professional guidance before a section 47 investigation social worker interview helps them approach the process with greater confidence. Our family law experts can help you prepare effectively.
Understanding the difference between section 47 and section 37 reports is important as they serve distinct purposes within child protection and family court proceedings. Both involve local authority investigations but arise in different circumstances.
A section 47 report relates to child protection enquiries where there is reasonable cause to suspect a child is suffering, or likely to suffer, significant harm. By contrast, the family court directs a section 37 report. The court does this when a care or supervision order might be appropriate during ongoing private law proceedings. The key distinction is that section 47 and section 37 reports have different triggers and purposes.
With a section 47 report, the local authority initiates the investigation based on safeguarding concerns. Judges direct a section 37 report when welfare concerns arise during child arrangement disputes. The distinction between section 47 and section 37 reports affects timescales, procedures, and potential outcomes. Given this complexity, professional advice can clarify which type of report applies to your circumstances and what to expect.
Many parents ask whether a section 47 enquiry without parental consent is lawful. The answer depends on the circumstances and the level of concern about the child’s safety.
Local authorities can proceed with a section 47 enquiry without parental consent where there are serious concerns about significant harm. Asking for consent might alert parents to the investigation and put evidence at risk. It might also endanger the child. Either way, the local authority may run a section 47 enquiry without parental consent. Similarly, the child may ask that nobody tells their parents. Where the child is mature enough to make that decision, social workers may bypass consent.
When a section 47 enquiry without parental consent takes place, social workers must document their reasons carefully. Social workers should tell parents as soon as it is safe. You may find out that the local authority ran a section 47 enquiry about your child without asking you. Depending on the circumstances, you may have grounds to challenge how it was handled. Our family lawyers can assess whether the local authority followed proper procedures in your case.
Parents understandably want to know how long a section 47 child protection investigation takes to reach a conclusion. The statutory timescale provides a framework, though actual duration varies.
The local authority must complete a section 47 child protection investigation within 45 working days of the initial referral. This timescale allows social workers to conduct thorough enquiries, interview relevant parties, and analyse findings. The section 47 child protection investigation may lead to a child protection conference. That conference should take place within 15 working days of the strategy discussion.
However, how long a section 47 child protection investigation takes in practice depends on case complexity, availability of professionals, and whether cooperation is forthcoming. Some straightforward cases conclude quickly, whilst complex investigations may require the full 45 days. Throughout this period, understanding what is happening and preparing appropriately can feel overwhelming. Our family law specialists can guide you through each stage of the section 47 child protection investigation timeline.
Being subject to a false section 47 investigation based on malicious or unfounded allegations is deeply distressing. You need to understand your options if you believe someone made the referral in bad faith.
You may suspect that a false section 47 investigation has been started against you. Cooperate with the enquiries, and keep a record of anything that supports your position. Social workers train to assess how credible an allegation is. Proper enquiries should identify a false section 47 investigation. Where the evidence does not substantiate the concerns, the local authority should close the case with no further action.
In cases where a false section 47 investigation causes significant damage to your reputation or family life, legal remedies may be available. The Haringey case demonstrated that parents can successfully challenge procedures through judicial review. They can also claim compensation where a local authority conducted an investigation unlawfully. You may believe you face a false section 47 investigation. Seeking professional advice early helps protect your interests. It also helps make sure the local authority follows proper procedures.
Some parents consider whether they can refuse to cooperate with a section 47 child protection investigation. Whilst technically possible, refusal carries significant consequences.
If you refuse to cooperate with a section 47 child protection investigation, the local authority does not simply abandon their enquiries. Instead, your refusal may heighten concerns about your child’s welfare and prompt applications to court for emergency protection orders, child assessment orders, or interim care orders. Refusal of access to your child during a section 47 investigation carries particular weight.
Rather than refuse to cooperate with a section 47 child protection investigation outright, seeking professional advice allows you to understand your rights whilst engaging constructively with the process. Our family lawyers can help you navigate a section 47 child protection investigation. We put your case clearly to the people deciding, and we protect your position. Complete refusal to engage rarely achieves positive outcomes for families.
The court directs a section 47 report to decide whether anyone needs to act. Its aim is to protect, safeguard and promote the child’s welfare. The court directs a section 47 report where there is reason to suspect significant harm to the child. That harm may already be happening, or it may be likely. The Family Court may direct for a section 47 report based on information provided by parents, other people, relevant professionals such as social workers, police, health professionals, teachers, or authorities or institutions connected with a child during the course of child law proceedings.
A need for a section 47 investigation would usually warrant urgent enquiries and would mean that a child may suffer or has suffered significant harm. It is up to the discretion of the social worker involved whether they feel the need to obtain consent from a parent before commencing a section 47 investigation.
A social worker can go ahead without parental consent in limited circumstances. Serious concern that the child is likely to suffer significant harm is one. Serious concern about how a parent or another adult is behaving is another. So is a request from the child that their parents are not told. In that case the child must be mature and competent enough to make the choice.
Social workers will not generally seek consent where serious concerns surround an adult’s behaviour. They will also not seek it where an adult might tamper with or destroy evidence. The same applies where an adult might coerce the child into remaining silent. That includes withholding any information that would support the section 47 investigation.
A referral reaches the local authority or social services. The social workers, together with their managers, then carry out the following:
In the course of a section 37 report, the child is usually seen in the presence of a parent. However, for a section 47 report enquiry, the social worker must see the child alone. The only exception is where seeing the child alone would be contrary to the child’s interests. When recording the enquiries, the social worker must state when they saw the child alone. If anyone else attended, the record must name them. The social worker must also give the reasons for not seeing the child alone.
Prior to seeing a child, the social worker must obtain permission to see the child. Social workers need no permission to see or interview the child in only these exceptional circumstances:
Quite often a parent may not provide their consent for a section 47 investigation on the basis of them feeling that there is no cause of concern for their child and their child has not suffered any harm or are not likely to suffer any harm. In such instances a parent may refuse permission for either themselves or the child to engage in the section 47 interview.
Where there is a refusal of consent the social workers manager must determine whether they need to proceed with the section 47 investigation without the consent of the parent. The social worker manager will usually proceed without the consent of the parent where they reasonably believe a child is suffering from or is likely to suffer significant harm. The social workers will need to apply to the court for an Emergency Protection order, a Child assessment Order or an Interim care order where consent from a parent is not forthcoming or access to a child is being consistently denied.
The police, the local authority or the NSPCC may obtain an Emergency Protection Order. Applicants usually seek an emergency protection order where parents refuse access to a child. The same applies where parents refuse consent to the section 47 investigation. Where the court grants the Emergency Protection Order, the local authority obtains parental responsibility for the child. The court grants an Emergency Protection Order when a child faces an immediate risk of significant harm. A section 47 investigation must also be about to begin. Both conditions have to be met. These orders give immediate protection when a child faces a risk of serious immediate harm. They let the authorities exercise statutory child protection powers to safeguard the child. Agencies may need legal advice before seeking an Emergency Protection Order, so that they follow all legal procedures properly.
The court usually makes a child assessment order where no firm evidence exists. That means no firm evidence that a child has suffered significant harm, or is likely to suffer it. The Local authority and social workers will usually have concerns but without any firm evidence they may not be able to deem the matter as urgent. Furthermore, parents may refuse to participate in the section 47 investigation or refuse to provide access to the child.
A child assessment order helps in these situations. It requires whoever can produce the child to do so. An assessment can then take place, and social workers can make the relevant enquiries. This assessment forms part of a wider multi agency assessment. Social workers, health professionals and other agencies work together on it. The assessment supports statutory children’s social care functions, and it gathers all the information needed to safeguard the child. Sometimes the local authority obtains a child assessment order during a section 47 investigation. The parents must then make the child accessible so the enquiries can take place. They must also comply with the requirements of a section 47 enquiry.
An interim care order is an order granting the local authority parental responsibility of the child. This usually lasts 8 weeks initially, though the court can extend it where required. As part of their children’s social care duties, local authority social workers are responsible for making applications for interim care orders. Where a parent refuses to consent for a section 47 investigation to commence or refuses access to a child, the local authority may make an application for an interim care order to acquire parental responsibility over the child in order to act accordingly and have access to them when making their section 47 investigation.
Once someone makes an initial referral, the local authority must complete its enquiries and investigation. It has 45 days from that referral. A qualified social worker must complete the Assessment for a section 27 report.
Where the child’s welfare requires shorter timescales in an exceptional case, the local authority must propose them. Those shorter timescales then apply to the section 47 enquiries.
The local authority social worker leads the section 47 enquiry. At its conclusion, they make decisions based on the findings. They then determine what action will protect the welfare and needs of the child.
The section 47 report will usually conclude whether:
Where the evidence substantiates the concerns, the social workers will arrange a child protection conference. This conference should take place within 15 working days of the strategy discussion or when the section 37 enquiries commenced. The social worker and their manager decide together whether to invite other professionals and specialists to take part. They also make sure the child and the parents understand the purpose of the child protection conference. They help the child and family prepare to attend and make representations.
If the evidence substantiates section 47 report concerns, the social worker must arrange a child protection conference. The purpose of this conference is to:
Someone may raise a concern about one child, and the local authority may substantiate it. The child protection conference must then consider every child in the family. It decides whether the others are also likely to be affected.
During the child protection conference, the social workers will consider views of everyone involved. This will also include written reports and any evidence which relates to the section 47 enquiries.
During a section 47 investigation, the social workers may decide against applying to the court. Concerns about the child’s welfare and safeguarding may still remain. It is in this instance when an initial child protection conference will take place. An Independent Reviewing Officer heads the initial child protection conference at the conclusion of the section 47 investigation. In attendance will also be the parents and professionals associated with the child. The initial child protection conference discusses the issues from the section 47 investigation. At it, the social worker presents the details of the section 47 investigation to everyone attending. The conference then discusses them. It decides whether the child should become subject to a child protection plan.
The evidence may substantiate concerns about a child’s safety and wellbeing. Where it does, the local authority may need to draw up a child protection plan. The child protection plan exists to safeguard the child’s safety and welfare. It details the ways the local authority will keep the child safe. The plan also specifies the support the child and the family need. Finally, it outlines how the child’s welfare and family circumstances can improve.
The child protection plan will also make clear what happens if anyone fails to follow it. It will indicate what each party must do. It also names who verifies that everyone has completed the actions set out. Once the local authority draws up a child protection plan, a further child protection review conference follows. That conference reviews the plan. It checks that everyone follows it, so the plan protects the child’s safety and welfare.
Following the conclusion of a section 47 investigation and more specifically at or after the child protection conference the Local Authority may outline the child protection plan. In most scenarios a child protection plan will commence straight away once the section 47 investigation identifies that a child is suffering from or is likely to suffer significant harm.
The social worker would be acting as the main worker and will co-ordinate the plan and the group of relevant professionals, such as teachers, doctors, health professionals, and other key individuals, as well as the family members. These relevant professionals play a crucial role in supporting the child’s health and development by working collaboratively to assess needs and provide appropriate support services. The local authority will hold a first meeting within 10 days of the child protection conference. That meeting discusses the plan further, so everyone involved knows what steps will protect the child. It also sets out the responsibility each person carries.
A child protection plan will only cease when either of the following takes place:
Where the evidence cannot substantiate the concerns behind a section 47 report, two outcomes are possible:
Despite the child not suffering from significant harm or is not likely to suffer from such harm the family may need addition support. A child in need planning meeting will follow the section 47 enquires. The child in need planning meeting exists to advise families. It tells them their roles and responsibilities within the child in need plan. The meeting may also involve other professionals who are working alongside the family. A child in need plan is voluntary and not mandatory like the child protection plan. The purpose of the child in need plan is to provide extra support and assistance to a family than what they will normally receive. This is to ensure that a child develops safely without any concerns.
Upon completion of a section 47 report and a child protection plan the parents will be provided with a copy of the plan and the report. If you are not in receipt of either the section 47 report or a child protection plan you can contact your social worker to obtain the same.
If you are not happy with the contents of the section 47 report then you can look to challenge the local authority or the social worker. You may be unhappy with the report. Perhaps you feel the social worker did not consider all your information or concerns. That omission could have altered the position. Perhaps the report simply contains inaccurate factual information.
You may also be unhappy with a child protection plan. Perhaps you feel it is unnecessary, or that it leaves out services and support you need. Raise any factual errors in the section 47 report or the child protection plan with the local authority and the social worker. In most instances you can resolve these minor inaccuracies without a formal complaint. Where despite you contacting the local authorities, the error remains you can formally raise a complaint with the local authority to correct the report and speak to the manager of the social worker involved.
You can also challenge a report that contains no factual inaccuracies. This applies where you believe the findings themselves are wrong. It also applies where the report has not properly taken your information or evidence into account. You can challenge a section 47 report in one of two ways. The first is an official complaint. The second is a statement, where the matter is proceeding through the family court.
You can make a formal complaint first to the social worker who had conduct of the section 47 enquiry. At Kabir Family Law, our child law specialists can assist you in preparing a letter of complaint to the social worker. We can work alongside you to assist you in reviewing the report and identifying issues with the report.
Where a social worker does not properly consider your complaint and fails to act upon your complaint, you could make a formal complaint to the local authority or the social services involved. You can ask a manager to consider the matter. Alternatively, you can ask for a new social worker to carry out the section 47 enquiries.
Where a family court is deciding the matter, you can give the court a statement. It sets out the issues you have found with the section report. This gives you the chance to set out the issues in detail. You can also say whether anyone adequately considered the information and evidence you gave. We help you make a written complaint to the local authority. We also guide you on preparing a statement for the family court.
When a section 47 investigation begins, the social worker will usually tell you why. You should also get the chance to take full part in the enquiries. The social worker should explain the concerns in detail, and what evidence exists.
You should consider legal advice as soon as you become aware of the social workers intention to conduct a section 47 investigation. Family lawyers will often be able to ensure you understand the reason behind the investigation, understand the procedure and be able to advise you on the options available to you.
Family lawyers can often assist you in preparing for your interview which you may need to take part in as being a parent during the course of the section 47 investigation. Social workers can interview parents as part of the section 47 enquiries. The interview gathers information and establishes what, if anything, has gone wrong. It also explores other external factors that might affect the parent and their child.
You may feel that social workers are conducting a section 47 investigation wrongfully, or on inaccurate information. Our family lawyers can help you gather evidence to challenge the enquiries. We can also help you put that evidence to the social workers, either before or during your interview. We can assist you in preparing for your interview to ensure you are able to provide your reasons and evidence where the investigation is based on lies or false information and misrepresentation. Contact our family lawyers today to discuss how we can assist you better within a free initial consultation.
Quite often a non-resident parent may have serious concerns in relation to their child suffering abuse. Abuse can be in the form of physical, emotional and sexual abuse. If you as a parent or any one related to a child have reasons to believe a child is suffering harm or are likely to suffer harm then you should not stay quiet. You should attempt to reach out to the Children Social Care services or the police protection team. They will then be able to conduct some initial enquiries and be able to decide whether a section 47 investigation needs to be carried out.
It is quite possible for a parent who is not involved with their child or some other individual to make a false or a malicious referral. This can be done out of spite to cause disruption to a former partner. In such instances the matters are taken seriously, and the parent may be entitled to take legal action. An example can be seen in the case of AB and CD and the London Borough of Haringey.
In this case an anonymous referral was made to the child protection team about the parents. The social worker considering the matter approached the child’s school an GP without the consent or without notifying the parents. Despite her angry reaction, a full section 47 investigation went ahead. The investigation found no concerns and the original referral was deemed to be made maliciously. The parents took action by of a judicial review and were awarded compensation. You may believe a malicious referral has wrongly led to an investigation. Contact our family lawyers today. We give you tailored advice from the outset. We also advise you how best to challenge the investigation, and how to keep your child’s living arrangements undisturbed.
Not exactly. “Section 47 report” is a phrase often used by parents. Section 47 itself is the legal basis for local-authority enquiries where there is reasonable cause to suspect significant harm. Those enquiries may lead to written assessments or reports, depending on the case.
No. A section 47 enquiry does not by itself mean that a child will be removed or that care proceedings will begin. It is a process for assessing the child’s circumstances and deciding whether action is necessary to safeguard or promote welfare.
If factual information is wrong, identify it clearly, provide relevant material and ask for your response to be recorded. The appropriate way to raise a concern depends on the document or decision involved. Consider advice where the point is serious or may affect a conference or court proceedings.
CAFCASS may be involved in related Family Court proceedings, especially where a section 7 report has been directed. Section 47 enquiries are a local-authority safeguarding function.
Advice matters most in a few situations. These include allegations of significant harm, a proposed child protection conference, or a dispute over access to a child. They also include urgent court action, or Family Court and care proceedings that are underway or likely.
Section 47 enquiries may be underway, and the allegations may worry you. The same concern can arise from a proposed child protection conference or possible court action. Early advice helps you understand the process and prepare clear, relevant information. Contact us today on 0330 094 5880 to discuss your options to discuss your options or let us call you back. You can otherwise book a time that suits you.
Our family lawyers in York as well as across Newcastle, Northampton, Oxford and London work around the clock and will be able to provide you with the advice and you need at a time to suit your needs.
“A section 47 enquiry can feel frightening because parents may hear serious terminology before they have been given a full explanation of the concerns. In our experience, the most constructive first step is to ask for the concerns and proposed next steps to be explained clearly, keep a careful factual record and obtain advice promptly where the issues are serious.
“Section 47 enquiries are not, by themselves, a finding that a parent has harmed a child. They are a safeguarding process used to help children’s social care decide what action, if any, is needed to protect a child’s welfare. The appropriate advice will depend on the facts and on whether the matter remains at the enquiry stage, is moving to a child protection conference, or is connected with Family Court or care proceedings.”
Hannah Overton, Complex Children Specialist, Kabir Family Law
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