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 are used in cases of suspected child abuse and safeguarding concerns, ensuring that the child’s welfare and safety are thoroughly evaluated before any decisions are made. 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.
A section 47 report is required as part of formal child protection enquiries and child protection investigations where further enquiries are to be made in connection with child protection and child safety. Section 47 of the Children’s Act 1989 governs the Section 47 report. The complaints raised in relation to a child might be in relation to physical abuse, emotional abuse, sexual abuse or other actions which have caused the child to be neglected. 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 process, though these must be balanced against the child’s safety.
During a section 47 enquiry, you have the right to be informed about the reasons for the investigation and the concerns 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 there are serious concerns about significant harm, certain rights may be limited 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 can help parents grasp why an investigation has been initiated.
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 compare the child’s health and development against what would reasonably be expected 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 you may be asked 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 section 47 investigation social worker interview is designed to gather information about your child’s welfare, not 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. In contrast, a section 37 report is directed by the family court when it appears 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. A section 37 report is specifically court-directed when judges have welfare concerns arising 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. If consent would alert parents to the investigation and risk evidence being destroyed, or if seeking consent might endanger the child, then a section 47 enquiry without parental consent may proceed. Similarly, where the child themselves requests that parents not be informed and is mature enough to make this decision, consent may be bypassed.
When a section 47 enquiry without parental consent takes place, social workers must document their reasons carefully. Parents should be informed as soon as safely possible. If you discover a section 47 enquiry without parental consent has been conducted concerning your child, there may be grounds to challenge the procedure depending on the circumstances. Our family lawyers can assess whether proper procedures were followed 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.
A section 47 child protection investigation must be completed within 45 working days of the initial referral to the local authority. This timescale allows social workers to conduct thorough enquiries, interview relevant parties, and analyse findings. If a child protection conference is required following the section 47 child protection investigation, this 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. Understanding your options if you believe the referral was made in bad faith is essential.
If you suspect a false section 47 investigation has been initiated against you, cooperate with enquiries whilst documenting any evidence that supports your position. Social workers are trained to assess the credibility of allegations, and a false section 47 investigation should be identified through proper enquiries. Where concerns are not substantiated, the case should be closed 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 and claim compensation where investigations were conducted unlawfully. If you believe you are subject to a false section 47 investigation, seeking professional advice early can help protect your interests and ensure proper procedures are followed.
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. Refusing access to your child during a section 47 child protection investigation is viewed particularly seriously.
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, ensuring your voice is heard whilst protecting your position. Complete refusal to engage rarely achieves positive outcomes for families.
The purpose of the court directing for a section 47 report is to decide whether any action is required to protect, safeguard and promote a child’s welfare. In cases where a section 47 report is directed, the child will be suspected of or likely to be suffering significant harm. 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.
Parental consent during the course of a section 47 investigation maybe bypassed where there is serious concern that the child is likely to suffer significant harm, there are serious concerns about the behaviour of a parent or an adult or when the child involved does not want their parents to be informed of the section 47 investigation providing the child is mature and competent enough to take this decision.
Consent will not generally be obtained where there are serious concerns regarding the behaviour of an adult or there is a risk of an adult tampering with any evidence, destroying any evidence, or attempting to coerce the child into reaming silent and not providing any information which may support the section 47 investigation.
Once a referral to the local authority or the social services has been made the social workers, together with their managers, 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 the purposes of a section 47 report enquiry the child must been seen alone by the social worker unless it is contrary to the child’s interests to do so. When recording the enquiries, the social worker must state when the child was seen alone and if not seen alone who was present. The social worker must also specify the reasons why the child was not seen alone.
Prior to seeing a child, the social worker must obtain permission to see the child. Only in the following exceptional circumstances permission will not be required to see or interview the child:
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.
An Emergency Protection Order may be obtained by the police, the local authority or the NSPCC. An application for an emergency protection order is usually made where parents may refuse to provide access to a child or consent to the section 47 investigation. In such a scenario where the Emergency Protection Order is granted the Local authority will obtain parental responsibility for the child. An Emergency Protection Order is granted where there is an immediate risk of significant harm to a child and where a section 47 investigation and enquiry is to commence. These orders are used to provide immediate protection when there is a risk of serious immediate harm, allowing statutory child protection powers to be exercised to safeguard the child. Agencies may need to obtain legal advice before seeking an Emergency Protection Order to ensure all legal procedures are properly followed.
A child assessment order is usually made in cases where there is no firm evidence that a child has suffered or is likely to suffer significant harm. 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 will be useful in these situations as it allows for the child to be produced to ensure an assessment can take place and the relevant enquiries can be made. This assessment forms part of a multi agency assessment, involving collaboration between social workers, health professionals, and other agencies, and supports the statutory children’s social care functions by ensuring all relevant information is gathered to safeguard the child. In terms of a section 47 investigation where a child assessment order is obtained, the parents must make sure the child is accessible to allow the enquiries to take place and 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 would usually last for a period of 8 weeks initially but can be extended 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 an initial referral is made to the local authority, they must with 45 days of this referral complete their enquiries and investigation. The Assessment for a section 27 report is to be completed by a qualified social worker.
It is important to note that in exceptional cases where the welfare of the child requires shorter time scales, these must be proposed in which the section 47 report enquiries must be carried out.
At the conclusion of a section 47 report and enquiries, the local authority social worker is responsible for leading the Section 47 enquiry, making decisions based on the findings, and determining what action should be taken to protect the welfare and needs of the child.
The section 47 report will usually conclude whether:
Where the concerns raised have been substantiated the social works 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 together with their manager will be responsible to decide whether any professions and specialists should be invited to participate, ensure the child and the parents understand the purpose of the child protection conference and help the child and family prepare on attending and making representations.
If section 47 report concerns have been substantiated a child protection conference will require to be arranged by the social worker. The purpose of this conference is to:
Where there is a concern raised about one child and this has been substantiated the child protection conference must consider all the children in the family and decide upon whether they 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 the course of a section 47 investigation the social workers may decide that there is no need for an application to be made to the court, however concerns surrounding the welfare and the safeguarding of the child may remain. It is in this instance when an initial child protection conference will take place. The initial child protection conference at the conclusion of the section 47 investigation will be headed by an Independent Reviewing Officer. In attendance will also be the parents and professionals associated with the child. The purpose of the initial child protection conference will be do the discuss the issues from the section 47 investigation. Following discussions once details of the section 47 investigation are presented to the parties in attendance it will be decided whether a child is to be made subject to a child protection plan.
Following the concerns against a child’s safety and wellbeing being substantiated, a child protection plan may need to be drawn up. The primary purpose of the child protection plan is to safeguard the child’s safety and welfare by detailing the ways in which a child will be kept safe, specifying the support required for the child and the family, and outlining how the child’s welfare and family circumstances can be improved.
The child protection plan will also make clear what the implications will be if the plan is not adhered to. It will indicate what each party is responsible for and who will be responsible for verifying that the actions outlined have been completed. Following a child protection plan being drawn up, a further child protection review conference will take place to review the plan and ensure it is being followed to protect 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. A first initial meeting will be set for within 10 days of the child protection conference to discuss the plan further to ensure everyone involved is aware of what steps are needed to protect the child and discuss the responsibility for each individual involved.
A child protection plan will only cease when either of the following takes place:
Where the initial concerns raised which directed for a section 47 report cannot be substantiated there are 2 possible outcomes which are:
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 purpose of the child in need planning meeting is to ensure families are advised on what their roles and responsibilities are 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 as you may feel that all your information or concerns have not been considered which could have altered the position, or the report contains inaccurate factual information.
You may also be unhappy with a child protection plan if you feel that it isn’t necessary or other services and support is needed which hasn’t been included within the plan. Any factual errors which related to the section 47 report or the child protection plan need to be raised with the local authority and the social worker. In most instances these minor inaccuracies can be resolved without the need of 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.
If the report does not contain factual inaccuracies, but you are concerned the finds of the report are inaccurate and does not take in to account your information or evidence you have provided has not been adequately considered then you can challenge this. A section 47 report can be challenged in one of 2 ways, which are by of an official complaint or by way of a statement where the matter is proceeding through the family court.
A formal complaint can initially be made to the social worker who has 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 specifically request the matter to be considered by a manager or alternatively a new social worker to be provided who will carry out the section 47 enquiries.
Where a matter is being determined by a family court, you can look to provide a statement to the court which outlines the issues you have identified with the section report. This will provide you with an opportunity to outline in detail as to what the issues are and whether the information and evidence provided by you has been adequately considered. As well as assisting you with making a written complaint to the local authority we can also assist you and guide you on preparing a statement to be submitted to the family court.
When a section 47 investigation is being commenced you will usually be provided with reasons for the section 47 enquiries and should be given the opportunity to participate fully in the investigations. You should be explained in detail the concerns that are raised and what potential evidence is available.
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. Parents can be interviewed as part of the section 47 enquiries to gather information as well as to ascertain what if anything has gone wrong and whether there are other external factors that might impact the parent and their child.
Where you feel that a section 47 investigation is being conducted wrongfully or based on inaccurate information, our family lawyers can assist you in obtaining evidence to challenge the enquiries as well as assist you in presenting such 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. The mother in this matter reacted angrily and despite this a full section 47 investigation was conducted. 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. If you are a concerned parent and believe a malicious referral has wrongly lead to an investigation then contact our family lawyers today who can provide you with tailored advice from the outset and advice you how best to challenge such an investigation and to ensure no disruption is caused to the living arrangements for you or your child.
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.
It may be important to obtain advice where there are allegations of significant harm, a child protection conference is proposed, access to a child is disputed, urgent court action is being considered, or Family Court/care proceedings are underway or likely.
If section 47 enquiries are underway and you are worried about the allegations, a proposed child protection conference or possible court action, early advice can help 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
8 of 41 guides — scroll sideways for more
Section 37 Report
Section 47 Report Explained: What Happens During Section 47 Enquiries?
Placement Orders
Parental Alienation & Alienating Behaviours
Narcissistic Parental Alienation
Practice Direction 12J: Your Complete Guide to Domestic Abuse Protection in Family Court
Clare’s Law & Domestic Violence Disclosure Scheme
Temporary Child Custody
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