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The Section 47 Framework
Section 47 of the Children Act 1989 places a duty on local authorities to make enquiries where they have reasonable cause to suspect a child in their area is suffering, or is likely to suffer, significant harm. Police are the principal statutory partner in s.47 enquiries — particularly where a crime may have been committed.
Police obligations under s.47
- Where social care initiates a s.47 enquiry, police must decide whether to participate in a joint investigation. In the majority of cases involving abuse by a carer or exploitation by a third party, police participation is expected
- Officers must attend the initial Strategy Discussion (or Strategy Meeting) convened by social care — this is not optional in cases where criminal offences are suspected
- Police must provide all relevant intelligence to the Strategy Discussion — including Nominal records, previous incidents, and local knowledge — subject to lawful disclosure limitations
- A decision on joint investigation, single agency investigation, or no further action must be made and recorded at the Strategy Discussion
Significant Harm — Definition
"Significant harm" is not defined by a bright line in statute. It includes ill-treatment (physical, sexual, emotional) and impairment of health or development. WT2026 makes explicit that extra-familial harm — CCE, CSE, peer abuse, online exploitation — can constitute the source of significant harm. A child who has been exploited through county lines may be suffering significant harm even if no discrete act of physical abuse has occurred.
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The Joint Investigation Process
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Referral Received — MASH Screen
A referral triggers MASH screening. Police are part of the MASH and contribute intelligence at this stage. MASH decides whether to proceed to initial assessment or refer for s.47 enquiry. Police input at this stage shapes the threshold decision.
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Strategy Discussion
Held between social care and police (and other relevant agencies) to share information and plan the enquiry. Decides: who will interview the child (ABE?); whether a medical examination is needed; whether arrest of suspect is appropriate; what information can be shared with parents; and how risk to the child will be managed in the interim. Must be held within 24 hours of a referral being accepted as s.47.
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Achieving Best Evidence (ABE) Interview
If the child needs to be interviewed about abuse, this must be conducted by an ABE-trained officer (and ideally a trained social worker) following the Achieving Best Evidence in Criminal Proceedings guidance (2011, updated). The interview must not be preceded by any unstructured conversation that could contaminate the evidence. See Section 3 below.
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Section 47 Enquiry Outcome
Following enquiries, social care produces an outcome: no further child protection action needed; child in need (s.17 plan); child protection plan required; or emergency action (s.46 PPO, care proceedings). Police inform this outcome with criminal investigation findings. A Child Protection Conference is convened within 15 working days of the s.47 decision if a plan is required.
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Child Protection Conference
Police attend and contribute a written report to the Initial Child Protection Conference (ICPC) and subsequent Core Group meetings. The police report should include: relevant previous incidents, intelligence, and any criminal investigation updates. Do not include information that would undermine an ongoing investigation.
3
ABE Interview Standards
- Only ABE-trained officers should conduct evidential interviews with child victims — this is a minimum standard, not a preference
- No "pre-interview" conversation about the allegation — even well-intentioned questions before the formal interview can contaminate evidence and undermine prosecution
- A rapport phase must precede any substantive questioning — establishing ground rules, practising with neutral topics
- The interview must be recorded (audio-visual) and is admissible as evidence in chief in criminal proceedings
- A social worker should be present where possible — this supports the child and ensures safeguarding needs are captured alongside evidential needs
- Intermediaries must be used where a child has communication needs (SEND, autism, learning disability, very young age) — do not proceed without an intermediary if one is indicated
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Police Protection Orders (s.46) and the LADO
Section 46 Police Protection Order (PPO)
- A constable may remove a child to suitable accommodation or prevent a child being removed from suitable accommodation (e.g. hospital) where they have reasonable cause to believe the child would otherwise suffer significant harm
- The PPO lasts for a maximum of 72 hours. Social care must be notified immediately — they take responsibility for the child's placement
- A PPO is an emergency power, not a routine tool. It should be used when there is no time to obtain an Emergency Protection Order (EPO) through the court
- Officers must notify the Designated Officer (DO) — usually the force Safeguarding Unit — immediately on use of s.46
LADO — Local Authority Designated Officer
- The LADO oversees allegations against adults who work with children. Police must contact the LADO when an allegation involves a person in a position of trust — teacher, foster carer, coach, religious leader, youth worker, police officer
- Contact the LADO within one working day of an allegation arising
- The LADO coordinates between police and the employer/organisation — the criminal investigation and disciplinary process run in parallel, not sequentially
- Police should not advise an employer to take disciplinary action against a subject while a criminal investigation is ongoing — this may compromise evidence