05.0 Children in Need of Protection – Response

• 5.01 Introduction
• 5.02 Immediate Protection
• 5.03 Strategy Discussion
• 5.05 Criteria for Joint Investigation
• 5.07 Responsibility for Enquiry
• 5.08 Enquiries and Assessment
• 5.09 Making Section 47 Enquiries
• 5.10 Contact with Parents/Carers
• 5.12 Seeing and Interviewing Children
• 5.13 Investigative (Video) Interviews of Children
• 5.14 Medical Examinations.Consent, 
• 5.18 Outcome of Section 47 Enquiries
• Flowchart
  
  

5.01 Introduction

5.1.1 This section sets out the procedures carried out when a decision has been made to respond to a situation to using Child Protection Procedures.

5.02 Immediate Protection

5.2.1 At all times consideration must be given to the protection of the child against any further harm.

5.2.2 Where there is a risk to the life of a child, or a likelihood of serious immediate harm, Social Care and the Police will act quickly to secure the immediate safety of the child. In extreme cases, professional staff from other agencies may need to use their judgement to take protective action themselves, e.g to seek urgent medical treatment or to refuse to return a child to a parent until the Police or Social Care arrive. Consideration should also be given to safeguarding any other children in the household.

5.2.3 Planned emergency action, including medical assessment, will normally take place following an immediate Strategy Discussion between the Police, Social Care and other agencies as appropriate. If this is not possible, the Strategy Discussion must take place as soon as possible to consider matters referred to below. It is the responsibility of the local authority in whose area the child is found to take such action.

5.2.4 If the child is looked after by, or subject to a Child Protection Plan in another local authority that explicitly agrees to accept responsibility for taking emergency action, then the first authority is relieved of that responsibility. Such acceptance must be confirmed in writing.

5.03 Strategy Discussion

5.3.1 Wherever there is reasonable cause to suspect that a child is suffering or is likely to suffer significant harm, there should be a Strategy Discussion. This should take place in all instances, including those where the Manger and Social Worker have made a decision in supervision. The Social Care Service Manager should convene the Strategy Discussion within 24 hours of it coming to notice that a child may be at risk of significant harm. Its timing will depend on the degree of perceived risk to the child.

5.3.2 The Social Care Service Manager and a member of the Police Child Abuse Investigation team will attend the Strategy Discussion. If it is to be a meeting, then once the time is arranged, the referrer – if a professional – should be invited to attend.

5.3.3 A Consultant Paediatrician should be invited in more serious cases and all child sexual abuse cases. In all cases where there is likely to be the need for medical examination a Consultant Paediatrician should be consulted, and arrangements for the medical examination agreed.

5.3.4 Attendance of other involved professionals especially Health and Education, should always be considered. A list of those invited as well as those attending should be recorded in the record of the meeting.

5.3.5 A Strategy Discussion is not a substitute for a Child Protection Conference. Its purpose is to address the following issues:-

• Share information and establish the facts about the circumstances giving rise to the concerns
• Decide whether Section 47 enquiries should be initiated or continued
• Plan how enquiries should be handled, and by whom
• Decide if there is a need for medical assessment or treatment
• Decide whether an investigative interview should be carried out
• Identify sources of risk and assess the levels of risk
• Decide what action is needed immediately to safeguard the child and any other children and/or provide interim services and support
• Determine what information about the Strategy Discussion will be shared with the family, unless such information sharing may place a child at risk of significant harm or jeopardise police investigations into any alleged offence.

5.3.6 Relevant matters will include:

• Agreeing who should be interviewed, by whom, for what purpose and when
• Deciding the timing and handling of interviews with alleged victims, their families and witnesses (the way in which interviews are conducted can play a significant part in minimising any distress caused to children, thus increasing the likelihood of maintaining constructive working relations with families)
• Considering if a criminal offence may have been committed against a child (this can have important implications for the collection and preservation of evidence)
• Considering how the race, ethnicity, religion and culture of the child and family should be taken into account and whether an interpreter is needed
• Considering how any disability of the child and any member of the family should be taken into account and how the process of making enquiries can be adapted to ensure their full participation
• Considering the needs of other children who may be affected (e.g siblings and other children in contact with alleged abusers)
• Consideration should be given on the impact of the gender, race and religion of professionals involved in making the enquiries
• Agreeing a plan for enquiries – what further information is needed about the child and family and how it should be obtained, and agreeing the timescales
• Consider nominally booking a time for an Initial Child Protection Conference with the relevant Administration Coordinator – Independent Reviewing Officer Team.

5.3.7 Any information shared, all decisions reached, and the basis for those decisions should be clearly recorded by all parties to the discussion.

5.3.8 Significant harm to children gives rise to both child welfare concerns and legal concerns, and Section 47 enquiries may run concurrently with the Police investigations concerning possible associated crime(s). The Police have a duty to carry out investigations into allegations of crime, and the obtaining of clear strong evidence is in the best interests of a child.

5.3.9 If a decision is made to initiate Section 47 enquiries, it is the responsibility of the Social Care Manager involved in the Strategy Discussion to ensure that the Specialist Support Unit is contacted (Emergency Duty Team out of hours) immediately to obtain information with regard to the North Yorkshire Central Children's Database. This will normally be carried out by a Social Worker.

5.04.1 Immediate Protection Following the Strategy Discussion

5.4.1 If the Strategy Discussion agrees that a child needs to be protected then consideration should be given to protecting the child on a voluntary basis. A parent may take action to remove an alleged perpetrator or the latter may agree to leave the home. A parent may agree that a child can stay in or move to a safe place such as the home of a relative, a foster home or a hospital. Parents should be made aware that legal action may be taken to protect the child if such arrangements break down.

5.4.2 Legal advice will be obtained by Social Care if voluntary action cannot be taken to protect the child. If it is necessary to remove a child, Social Care will normally apply for an Emergency Protection Order, unless a child’s safety is at immediate risk; in such cases the Police have powers to remove a child.

5.04.4 Joint Investigations and Single Agency Enquiries/Investigations

5.4.4 Criteria for joint or sole agency investigations are a guide and judgement needs to be exercised in individual circumstances. Any single agency investigation should become a joint investigation once the criteria are met and should include liaison with other relevant agencies.

5.4.5 Some cases will not be clear at the outset, consultation and negotiation must take place between Police and Social Care and a strategy agreed.

5.05 Criteria for Joint Investigation

5.5.1 A joint investigation between Social Care and the Police should be undertaken:

• If the allegation is of sexual abuse
• If it appears that criminal charges might result from the investigation because it involves allegations of serious physical harm or serious neglect
• If, in cases of minor physical abuse, the circumstances surrounding the incident indicate that a joint investigation may be appropriate.

5.5.2 Such factors that may assist in determining whether the threshold for a joint investigation have been met include:-

• Age, special needs, vulnerability and wishes of the child
• Any history of minor injuries to the child or family member
• The intent of the assault (e.g. attempted strangulation which may leave no marks but may be very serious) if a weapon or implement was used
• Background of parents/adults giving concern
• Other offences that involve unusual circumstances such as organised or institutionalised abuse, bizarre behaviour or Fabricated or Induced Illness.

5.06.1 Single Agency Enquiries/Investigation

5.6.1 The following cases will normally be progressed under a single agency’s procedure, although referral to the Police should be made in every case for the exchange of relevant information and involvement in Strategy Discussions should occur.

5.06 2 Children's Social Care, 5.6.3 Police

5.6.2 Children's social care

• Physical abuse or neglect where criminal proceedings are unlikely
• Neglect of a minor nature (e.g through inappropriate supervision or poor parenting skills)
• Sexual abuse arising from indirect suspicions or over sexualised behaviour or concerns raised by other professionals.
• When a Schedule One Offender moves into the area and has contact with children.

5.6.3 Police

Persons aged 17 or over making an allegation of abuse which occurred in childhood.
NB: If the abuser currently has contact with children, this will be referred to Social Care for further enquiries (single or joint according to the circumstances) about the safety of children in the household. (See Section on Organised Abuse in Specific Circumstances).

Where the alleged abuser is not known to the child or the child’s family (i.e. stranger abuse) providing there are no current child protection concerns arising from the case.

5.07 Responsibility for Enquiry

5.7.1 The responsibility for the enquiry rests with the Children’s Social Care Team for the area in which the child lives. If the child is known to the local Disabled Children’s Team, then they can make the enquiry but the management responsibility rests with the Service Manager of the Children’s Social Care Team unless change in management responsibility is agreed at the Strategy Discussion.

5.7.2 Section 47 enquiries are conducted only by qualified Social Workers from the Children’s Services Teams, including Disabled Children’s Teams, the Emergency Duty Team, and/or Police Officers from the Child Abuse Investigation Teams.

5.7.3 If the child is looked after by another local authority or on the Central Children's Database, then the responsibility rests with that authority who should be notified immediately of any concern.

5.7.4 Immediate action to secure the safety of the child in these circumstances may be taken by North Yorkshire Children’s Social Care. The child’s own Social Care Department has responsibility to ensure further enquiries are made and further action, if required, is taken. North Yorkshire Police will be involved if the incident is alleged to have occurred in this county.

5.7.5 The local Service Manager responsible for the area that the child is placed in, will ensure that North Yorkshire Social Care is represented at any Strategy Discussion, in order to assess the risk to any other child who is the responsibility of this county and to advise on our procedures.

5.7.6 If the child’s own local authority refuses to take responsibility, North Yorkshire Children’s Social Care will take responsibility for the enquiry.

5.7.7 If there are concerns regarding a child who is looked after by North Yorkshire, or who is subject to a Child Protection Plan, North Yorkshire Children’s Social Care will take responsibility for any intervention. The other local authority may be requested to undertake any necessary emergency action, and may take responsibility for the enquiries by agreement with North Yorkshire.

5.08 Enquiries and Assessment

5.8.1 The objective of local authority enquiries conducted under Section 47 is to determine whether action is needed to promote and safeguard the welfare of the child or children who are subject of the enquiries.

5.8.2 The “Framework for the Assessment of Children in Need and their Families” provides a structure for helping to collect and analyse information obtained in the course of Section 47 enquiries. The purpose is to gain insight into the needs of the children and their family’s ability to meet those needs; especially their capacity to ensure the children’s safety, health, and development.

5.8.3 The Children Act 1989 places a statutory duty on Health, Education and other services to help Social Care with their enquiries. It states

(9) Where a local authority is conducting enquiries under this section, it shall be the duty of any person mentioned in subsection (11) to assist them with those enquiries (in particular by providing relevant information and advice) if called upon to do so.

(10) Subsection (9) does not oblige any person to assist a local authority where doing so would be unreasonable in all circumstances of the case.

(11) The persons are:

• Any local authority
• Any local Education authority
• Any local housing authority; and
• Any Health authority.

5.09 Making Section 47 Enquiries

5.9.1 Central Children's Database enquiries

The Central Children's Database Administrator holds information on behalf of the Safeguarding Children Board about all children who are subject to a Child Protection Plan, or for whom there have been child protection concerns. It is the responsibility of the Social Care Manager involved in the Strategy Discussion to ensure that the Unit is contacted at the beginning of the child protection enquiries, to inform them of the concerns and to receive any relevant information. This may be carried out by a Social Worker. If the discussion occurs out of office hours, the Emergency Duty Team should be contacted for this discussion. This should take place in all circumstances, including those when the Social Worker is currently involved and once where there is no immediate trigger to the referral.

5.9.2 Agency checks

The Social Worker must check with all agencies that may have relevant information about the child and their family. This will include a request for information from the Police. The timing of these checks and who was spoken to should be recorded on the appropriate documentation.

5.10 Contact with Parents/Carers

5.10.1 Early and sensitive involvement of parents/carers promotes partnership and increases the likelihood of effective outcomes for children.

5.10.2 At an early stage those conducting the child protection enquiries need to identify the resources that will enable them to communicate effectively with parents/carers. Consideration needs to be given to issues such as religion, culture, language, hearing ability, disability and literacy skills. The use of independent interpreters with parents/carers is sometimes appropriate and should be considered. The issues to be discussed are complex ones that sometimes involve the use of technical language not easily interpreted. Stress may well result in parents/carers not understanding as much as they would normally. Previous experiences of racism may also be a barrier to communication.

5.10.3 Parents may be unable to speak frankly if an interpreter of inappropriate gender is used. Details of how to obtain interpreting services can be obtained from the Police.

• All important decisions should be confirmed in writing in parent’s/carer’s first language, and an audio tape if they do not possess literacy skills.
• Where sexual abuse or child prostitution is suspected, the issue of how parents/carers are involved will need to be decided jointly by Police and Social Care. See Section 8 for further guidance in situations where children are abused through prostitution.
• Where organised or multiple abuse is suspected, or fabricated or induced illness, the issue of how parents/carers are involved will be decided by a strategy meeting. (See Section 8 for Specific Situations).

5.10.4 The purpose of contacting the parents/carers initially is to:

• Inform them about the concerns and explain any action already taken
• Interview them to ascertain their explanations and/or views about the concerns
• Gather factual information about the child and family
• Request consent to interview the child and any siblings where necessary
• Request consent for the child and any siblings to be medically examined and treated, where necessary
• Arrange to see the child
• Arrange to see any other children where concerns exist for their welfare.

5.10.5 Information will be given about advice and advocacy services

5.11.2 Lack of Involvement, Co-operation or Consent from Parents/Carers during the Child Protection Enquiries

5.11.2 There will be circumstances where there is a lack of consent from parents/carers. They may not allow a child to be seen, interviewed, medically examined or co-operate in order to ensure that the child is safe, e.g. fear of discriminatory practice.

5.11.3 In these cases, those conducting the child protection enquiries must consult with their Line Manager to consider further action. Whilst it is important that every effort is made to involve parents/carers, the welfare of the child is the prime consideration. Social Workers must ensure that necessary emergency action to protect the referred child or any other child is taken immediately.

5.11.4 If concerns exist about the parents’/carers’ co-operation with the plan to ensure the child is safe, and there is a risk of imminent significant harm, legal advice must be sought with a view to applying for an Emergency Protection Order. Alternatively, a Police Officer can take immediate action to protect any child by placing them in Police protection.

5.11.5 If the assessment is that there is no need for immediate action to protect the child, those conducting the enquiries must proceed with the enquiries and continue to try and involve the parents/carers. In all cases, parents/carers must be fully informed of the concerns and any action taken or proposed.

5.11.6 Non co-operation is never a reason to close a case; rather, it is a reason for further work to be done.

5.12 Seeing and Interviewing Children

5.12.1 Those conducting the enquiries must see every child within the household. Every child who is the subject of concern must be seen separately from parents and other children (taking into consideration factors of age and understanding). Observations of the interaction between the child and his/her parents/carers should be noted. Where the child is living in a homeless or domestic violence refuse, the observations of hostel/refuge workers should be considered as part of the assessment.

5.12.2 The Social Worker should have regard by actually looking at the child’s living arrangements and daily surroundings. In particular his or her sleeping arrangements and toilet/washing arrangements should be seen. Any reluctance to a sensitive request to make this specific enquiry ought to be noted, in particular any tendency to keep the visiting worker to one room.

5.12.3 Communication with the child should be conducted in a manner, which would not allow an adult to influence or corrupt the child’s story. When children are first approached the nature and extent of any harm suffered by them may not be clear. It is important that even initial discussions with children are conducted in a way that minimises any distress caused to them and maximizes the likelihood that they will provide accurate and complete information. It is important to have separate communication with a child. Leading or suggestive communication should always be avoided.

5.12.4 Children may need time, and more than one opportunity in order to develop sufficient trust to communicate any concerns they may have, especially if they have communication difficulties, are very young, or are experiencing mental health problems. Additional specialist help may be needed if the child’s first language is not English, is deaf, or has communication difficulties.

5.12.5 The purpose of the interview will be to gather information, in an open-minded way, which will inform further action. It is an opportunity for the child to express his or her own view, and wishes and feelings. The interviewer must explain what is happening, what may happen next and give reassurance where it is reasonable to do so. Any choices offered to the child must be realistic, and false promises must not be made.

5.12.6 Siblings and children living in the household for whom there are child protection concerns should always be seen and interviewed unless there is good reason not to do so. This reason should be recorded.

5.12.7 Consideration should also be given to interviewing any child who has witnessed the abuse of another.

5.12.8 Those conducting the enquiries must seek consent from someone with parental responsibility to enable them to interview a child. In the majority of cases, consent will be sought from and given by the parents.

5.12.9 However, there may be exceptional cases where the enquiry team may need to speak to a child without the knowledge of a parent/carer. Relevant circumstances would include:-

• The possibility that a child would be threatened or otherwise coerced into silence
• A strong likelihood that important evidence would be destroyed, or the investigation otherwise impeded; or
• That the child in question did not wish the parent to be involved at that stage and is competent to take that decision. Social Workers should consider seeking legal advice.

5.13 Investigative (Video) Interviews of Children

5.13.1 If those conducting the enquiries decide that the interview needs to be video recorded, where the result should be acceptable in criminal proceedings. They must follow “Achieving Best Evidence in Criminal Proceedings: Guidance for Vulnerable or Intimidated Witnesses including Children.” The interview should be planned and this planning should be recorded.

5.13.2 These interviews should be carried out according to the Guidance. Children should not be interviewed in the presence of an alleged or suspected perpetrator of abuse, or someone who may be colluding with the abuse.

5.13.3 No video interview is to be conducted without adequate planning.

5.13.4 A planning meeting should be convened by the Police to determine how the interview should be carried out and to determine any special needs of the child, i.e. an interpreter, specialised help for disability, cultural and ethnicity implications, etc.

5.14 Medical Examinations, Consent, Collection of Forensic Samples and Photographs

5.14.1 Medical examinations are an integral part of enquiries/investigations. Examinations where possible should take place in suitable surroundings (never in a Police Station). It is desirable that the child or young person is given a say in whether the examination is conducted by a male or female doctor, but it must be recognized that the important issue for both the child and the enquiries/investigation is what the examination reveals. In this respect, the expertise rather than the gender of the doctor is paramount.

5.14.2 When a child has disclosed abuse to a trusted adult or friend, consideration should be given to enable the confidante to accompany the child to the place of examination. All children should be given full opportunity to express their wishes and feelings about the pace and process of undertaking an examination and to choose who they would like involved. Examinations should not be ordeals and children should be helped to understand that they are held for their benefit.

5.14.3 Consent

5.14.3.1 When a medical examination or assessment of a child is considered to be necessary, it will normally take place with the informed consent of a parent/carer.

5.14.4. A child may give informed consent for a medical if the child is considered to be of sufficient understanding.

5.14.5 If consent is refused, Social Care will need to seek legal advice. Specific consent to obtain a medical examination needs to be referred to in an application for an Emergency Protection Order but consent does not pass to the Police or Social Care if a Police Protection Order is carried out.

5.14.6 The purpose of a medical examination is:-

• To diagnose any injury or harm to the child
• To document the presence or absence of injury or harm
• To provide a report of the findings
• To provide a medical opinion of the likely cause of injury or harm within the report
• To exclude medical disease as a cause of the “injuries” seen.

5.14.7 A medical examination will take place when:-

• A child presents with a visible injury that is known to be non-accidental
• A child presents with a visible injury with no obvious explanation, or an inconsistent explanation
• A child alleges assault.

5.14.8 Medical examination of a child will be the responsibility of a consultant Paediatrician or, exceptionally, a Police Surgeon. The Practitioner should always feel confident about performing the examination. Appearance in Court in Care Proceedings or Criminal Proceedings is always a possibility. Scrupulous note keeping and the provision of written medical reports must be undertaken at all times.

5.14.9 In cases of physical injury, the medical examination will normally take place on the same day. The workers making the enquiries/investigation will consult with the Consultant Paediatrician who will arrange for the medical to take place.

5.15 Collection of forensic photographs

5.15.1 A Police Officer should be present if there is to be samples collected for forensic purposes. Generally, a Police photographer should be used to photograph any injury unless good quality medical photographs have already been obtained. In all cases, it is good practice for there to be discussion and agreement between the Police Officer involved and the examining doctor.

5.16 Other situations where a medical examination is required

5.16.1 A medical examination should be considered when a child whose name is on the Central Children's Database presents with an injury.

5.16.2 If a child is known to be subject to a Child Protection Plan presents at an Accident and Emergency Department then the Accident and Emergency Department doctor who examines the child will inform the Social Care Customer Service Centre, or the Out of Hours Emergency Service of the injury.

5.16.3 If there are any concerns about the explanation, which substantiates the need for a second opinion as to whether the injury is accidental or non-accidental, then the Consultant Paediatrician must be consulted.

5.16.4 Following a medical examination by the Consultant Paediatrician in respect of a suspicious injury, the consultant Paediatrician will consult with Social Care and the Police about the decision for the child to return home. The consultant Community Paediatrician will advise on whether further medical advice is required, including that of a radiologist.

5.16.5 In cases of suspicious injury where a child has been admitted to hospital, the child should not be discharged without consultation with Social Care, the Police and Consultant Community Paediatrician.

5.16.6 When a child is considered to be at risk from illness, which is fabricated or induced, or neglect, the Community Paediatrician should be consulted to collate the child’s medical records to inform a multi-agency Strategy Discussion.

5.17 Child Assessment Orders

5.17.1 All reasonable efforts will be made to secure parental co-operation and proceed with enquiries on a voluntary basis, in the same way as a parent may co-operate in the immediate protection of a child.

5.17.2 If parents frustrate Section 47 enquiries, but concerns are not so urgent as to justify application for an Emergency Protection Order, Social Care may apply to the court for a Child Assessment Order. The court may direct the parents to co-operate with the assessment of the child’s needs or with specific aspects of the assessment as specified.

5.18 Outcome of Section 47 Enquiries

5.18.1 Enquiries may result in a number of outcomes. Whatever the outcome, it is important that the involved agencies are informed. No case that has been opened in response to allegations of deliberate harm to a child should be closed until the following steps have been taken.

• The child has been spoken to alone
• The child’s parents/carers have been seen and spoken to
• The accommodation in which the child is to live has been visited
• The views of all the professionals have been sought and considered
• A plan for the promotion of the child’s welfare and safeguarding has been agreed.

5.18.2 This information should be recorded on the file.

5.19 Concerns are not Substantiated

5.19.1 The original concerns may not be substantiated by the enquiries made. However, the focus of child protection enquiries is the welfare of the child, and a range of needs may be uncovered by the enquiries. Social Care and other agencies should consider whether there is a need for support and/or services and how if they wish the child and family may be provided with help. The need for a Core Assessment and the provision of services should be considered.

5.19.2 There may be cases where the concerns remain but there is no real evidence. It may be appropriate to put in place monitoring arrangements as part of the family support services identified within an assessment carried out under the “Framework for Assessment”. These should be detailed in the summary of the assessment.

5.19.3 This decision should be very carefully considered and should not be done as a mean of deferring or avoiding making decisions. The arrangements for monitoring should be very clear and include why, what and by whom the child’s welfare is to be monitored. This should also include a time set for reviewing the arrangements through a further meeting or discussion. Parents/carers should be informed of the nature of any ongoing concern.

5.20 Concerns are Substantiated, but the Child is not Judged to be at Continuing Risk of Significant Harm

5.20.1 Enquiries may substantiate concerns that a child has suffered significant harm, but it is agreed between the agencies involved, the child and the family, that a plan for ensuring the child’s future safety can be developed without the need for a child protection conference. Such an approach will be of particular relevance where it is clear to the agencies involved that there is no continuing risk of significant harm. An example is when the perpetrator has left the household.

5.20.1 It may be judged by the agencies most involved, that a parent, carer or member of the child’s wider family is willing and able to co-operate with actions to ensure the child’s future safety and wellbeing, and that therefore the child will not continue to be at risk of significant harm. This decision can be made only in the light of all relevant information obtained during the enquiry, and a soundly based assessment of the likelihood of successful intervention. Care should be taken to avoid undue professional optimism for the potential for change. It is important to seek children’s views and take into account their wishes and feelings, according to their age and understanding.

5.20.2 A plan should be drawn up which answers the following:-

• What are the intended outcomes?
• What actions need to take place?
• Who is responsible for those actions?
• What is the timescale for review of progress against the intended outcome?
• What course of action should be followed if the plan is not being successfully implemented?

5.20.3 A meeting should take place, involving the family and relevant professionals to agree the plan. All parties should sign the subsequent agreement. Again, the need for a Core Assessment and the provision of services should be considered.

5.21 Concerns are Substantiated and the Child is Judged to be at Continuing Risk of Significant Harm

5.21.1 When it is considered that a child may continue to suffer, or to be at risk of suffering significant harm, Social Care should convene a Child Protection Conference.