Section 47 vs Section 17: The Child Protection Enquiry Process Explained
A plain-English guide to Sections 17 and 47 of the Children Act 1989 — what each means, when they apply, how the enquiry process works, and what schools and DSLs must do at each stage. Includes timescales, the school's role, and a step-by-step Section 47 process guide.
Statutory Framework
Sections 17 and 47 of the Children Act 1989 are the two primary legislative powers for local authority intervention in child welfare. They are supplemented by Working Together to Safeguard Children 2026 and KCSIE 2025. This guide covers England only.
On this page
Section 17 vs Section 47 — At a Glance
Section 17
Threshold: Child in need — unlikely to achieve a reasonable standard without support
Trigger: Need for family support services
Process: Child and Family Assessment
Outcome: Child in Need Plan, support services
Police involvement: Not typically
Section 47
Threshold: Reasonable cause to suspect significant harm
Trigger: Child protection concern
Process: Formal child protection enquiry / investigation
Outcome: Initial Child Protection Conference, possible CP Plan
Police involvement: Yes — joint investigation with social care
Section 17 of the Children Act 1989 — Children in Need
Section 17(1) of the Children Act 1989 places a general duty on every local authority to:
"safeguard and promote the welfare of children within their area who are in need; and so far as is consistent with that duty, to promote the upbringing of such children by their families."
Who Is a "Child in Need"?
Under Section 17(10), a child is "in need" if:
- They are unlikely to achieve or maintain, or have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision of services by a local authority; or
- Their health or development is likely to be significantly impaired, or further impaired, without such services; or
- They are disabled
The Section 17 threshold is deliberately broad and inclusive. It captures children with disabilities, children in families experiencing poverty, housing instability or domestic abuse, children with significant emotional or behavioural difficulties, and children requiring early intervention before problems escalate to Section 47 level.
What Happens Under Section 17?
When a child is assessed as being in need, the local authority must carry out a Child and Family Assessment (Working Together 2026 sets a 45-working-day timescale). If the assessment confirms the child is in need, the local authority should provide services and develop a Child in Need Plan. This is a support-focused plan — it does not imply that abuse or neglect has occurred.
Schools often contribute to Section 17 assessments by providing information about a child's attendance, behaviour, development, and relationships with peers. The DSL should share relevant, factual information with the allocated social worker when asked.
Section 47 of the Children Act 1989 — Child Protection Enquiries
Section 47(1) of the Children Act 1989 places a specific duty on local authorities to investigate when they have reasonable cause to suspect that a child who lives or is found in their area is suffering, or is likely to suffer, significant harm:
"Where a local authority... have reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or is likely to suffer, significant harm, the authority shall make, or cause to be made, such enquiries as they consider necessary to enable them to decide whether they should take any action to safeguard or promote the child's welfare."
What Is "Significant Harm"?
Significant harm is the threshold that justifies compulsory intervention. It is defined under Section 31(9) of the Children Act 1989 as ill-treatment, or the impairment of health or development. Working Together 2026 clarifies that there are no minimum thresholds — a single traumatic event can constitute significant harm, as can a pattern of lower-level abuse sustained over time.
Types of abuse that may meet the significant harm threshold include:
- Physical abuse — hitting, burning, shaking, or any deliberate harm
- Emotional abuse — persistent emotional maltreatment that severely impairs a child's development
- Sexual abuse — any sexual activity involving a child
- Neglect — persistent failure to meet a child's basic physical or psychological needs
Who Can Trigger a Section 47 Enquiry?
Any agency — including schools — can refer a child to children's services where there is reasonable cause to suspect significant harm. The local authority then decides whether to conduct a Section 47 enquiry. The referral does not automatically result in a Section 47; the local authority may instead open a Section 17 Child and Family Assessment if they judge the threshold is not met.
The Section 47 Enquiry Process — Step by Step
Referral to MASH or children's services
A referral is made — by the school, police, GP, health visitor, or the child/parent themselves. In England this is normally directed to the Multi-Agency Safeguarding Hub (MASH) or the local authority's children's social care duty team. The DSL should make the referral and follow it up in writing within 24 hours.
Strategy Discussion
Within one working day of the referral, children's social care and the police hold a strategy discussion (or strategy meeting). This is between professionals — usually the allocated social worker, police child protection unit, and other relevant agencies. The school's DSL may be contacted at this stage for information. The strategy discussion decides whether to proceed with a Section 47 enquiry, how to conduct it, and whether the child is safe to remain at home.
Section 47 Enquiry / Joint Investigation
If a Section 47 enquiry is authorised, children's social care and the police conduct a joint investigation. This typically involves: interviews with the child (conducted by trained officers and social workers); visits to the child's home; medical examinations where appropriate; and information gathering from schools, health services, and other agencies. The enquiry should be completed within 15 working days of the strategy discussion, though complex cases may take longer.
Child Protection Medical (if required)
Where physical or sexual abuse is alleged, a forensic medical examination may be carried out by a paediatrician or Forensic Medical Examiner. This requires parental consent unless the child is Gillick competent and consents themselves, or where consent cannot be obtained and delay would place the child at greater risk.
Initial Child Protection Conference (ICPC)
If the Section 47 enquiry concludes that the child has suffered or is at risk of significant harm, an Initial Child Protection Conference (ICPC) must be convened within 15 working days of the strategy discussion. The conference brings together the family, the child (where age-appropriate), the allocated social worker, police, health, and the school's DSL. The school must provide a written report in advance. At the ICPC, professionals collectively decide whether to place the child on a Child Protection Plan.
Child Protection Plan (CPP)
If the ICPC determines that a Child Protection Plan is necessary, a core group of professionals is established — usually the social worker, the school's DSL, a health visitor or school nurse, and the parents. The core group meets regularly (at minimum every six weeks) and the CPP is reviewed at Child Protection Review Conferences every three to six months.
The School's Role in Section 47 Enquiries
Schools are often the first to identify concerns that lead to a Section 47 enquiry, and they play a critical role throughout the process. The DSL's specific duties include:
- Making the referral clearly and factually. The referral should describe the specific concerns (what was observed, what was said, by whom, and when) without interpretation or editorialising. The role of the DSL is to report facts and professional observations — not to determine whether abuse has occurred. That is the role of children's services and the police.
- Providing information during the strategy discussion. The DSL may be contacted by social care or the police for background information about the child's attendance, behaviour, family circumstances, and any previous concerns. This information must be shared — KCSIE 2025 and Working Together 2026 both reinforce that information sharing to protect a child overrides confidentiality concerns.
- Writing a school report for the ICPC. If an Initial Child Protection Conference is convened, the school must contribute a written report. This should cover the child's attendance, attainment, behaviour, relationships with peers and staff, any disclosures made, and the school's overall assessment of the child's welfare. It must be factual and professional — free of judgement about the parents.
- Attending the ICPC. Where possible, the DSL (or a deputy) should attend the Initial Child Protection Conference in person. If attendance is not possible, the written report should be submitted in advance and a named contact confirmed.
- Maintaining records. All contacts with social care and police during a Section 47 enquiry should be recorded on the child's safeguarding file — dated, factual, and noting who was spoken to and what was agreed.
- Not conducting their own investigation. The DSL must not interview the child in a way that could compromise the formal police/social care investigation. If a child begins to disclose, staff should listen carefully, not ask leading questions, and pass the disclosure immediately to the DSL who will report to social care.
Critical reminder: do not investigate
Schools should never conduct their own investigation of a child protection concern. Questioning a child in a way that could be seen as an investigation can contaminate evidence and make subsequent police interviews inadmissible. The DSL's role is to refer — not to establish what has happened.
Possible Outcomes of a Section 47 Enquiry
| Outcome | What It Means | School's Next Steps |
|---|---|---|
| Section 47 not substantiated — no further action | The enquiry finds no evidence of significant harm. The child is not placed on a CP Plan. | Maintain records. If concerns persist, consult MASH again. Do not close the file — continue to monitor. |
| Section 47 not substantiated — Section 17 support offered | No significant harm found but the child and family need support services. Child in Need plan developed. | Contribute to Child in Need reviews. Share relevant information with allocated social worker. |
| Child Protection Plan made | Significant harm is confirmed or likely. The child's name is placed on the Child Protection Register. | Attend Core Group meetings. Implement the school's contribution to the CPP. Report new concerns immediately. |
| Emergency Protection Order or Police Protection | Immediate risk means the child is removed from the home temporarily. | Maintain close contact with the allocated social worker. Ensure continuity of education. Support the child on return. |
| Criminal prosecution | Evidence of criminal offences (e.g. sexual abuse, serious physical abuse) is referred for prosecution. | Cooperate with police requests. Maintain strict confidentiality — do not discuss the case with staff beyond those who need to know. |
Frequently Asked Questions
Can a school refuse to cooperate with a Section 47 enquiry?
No. Section 47(9)–(11) of the Children Act 1989 places a duty on any local authority, health authority, or other specified body to assist a local authority making Section 47 enquiries, unless doing so would be unreasonable in the circumstances. In practice, refusal to cooperate would constitute a serious safeguarding failure.
Should parents be told that a Section 47 enquiry is happening?
Generally yes — parents have the right to know that an enquiry is being conducted. However, if informing the parents would place the child at greater risk (for example, where a parent is the alleged perpetrator), children's services and the police may decide to delay disclosure. The DSL should not inform parents without first checking with the allocated social worker or police.
Can a child be interviewed at school during a Section 47 enquiry?
Formal investigative interviews are conducted by trained police officers and social workers — not at school. However, social workers may visit the school to speak informally with a child as part of gathering background information. Schools should facilitate such visits where the social worker is authorised and the child's safety is not compromised.
What if the DSL disagrees with a decision made in a Section 47 enquiry?
DSLs have the right — and in some circumstances the duty — to escalate concerns if they believe a decision has left a child at risk. The process is: raise the concern directly with the allocated social worker; if unresolved, escalate to the team manager; if still unresolved, use the local authority's formal escalation or resolution protocol. Working Together 2026 sets out the national escalation framework.
Who to Contact
If a child is in immediate danger
- Emergency: Call 999
- Make a child protection referral: Contact your local MASH — find your local authority at gov.uk ↗
- NSPCC professional helpline: 0808 800 5000 (24/7, free)
- Childline (for children): 0800 1111 (free, 24/7)
🔗 Related guidance
Sources: [1] Children Act 1989, ss.17 and 47 (as amended). [2] HM Government (2026). Working Together to Safeguard Children 2026. gov.uk. [3] Department for Education (2025). Keeping Children Safe in Education 2025. gov.uk. [4] DfE (2018). Information sharing: advice for practitioners. gov.uk. Last reviewed: May 2026.