AB & Anor, R (on the application of) v The London Borough of Haringey

A local authority may initiate a Children Act 1989 section 47 enquiry only where the statutory threshold is properly considered through the required assessment and strategy procedures. A senior manager’s provisional view does not itself amount to the authority’s final decision where the guidance requires a strategy meeting to decide whether the threshold is met. An immediate decision to bypass those procedures is lawful only in an extreme or critical emergency. Information about a child should not be sought from the child’s GP or school without parental consent unless a lawful and properly evidenced exception applies.

The claimants sought judicial review of the defendant local authority’s handling of an anonymous referral alleging that their daughter was suffering or was likely to suffer significant harm. The authority began an initial assessment, contacted the child’s GP and school without parental consent, referred the matter to the local authority designated officer, and sent the parents a letter stating that a section 47 investigation would be undertaken.

Subsequent strategy discussions led to a home visit, no substantiated concerns and closure of the case. The issues were whether a section 47 decision had been made, whether such a decision would have been lawful, whether the preliminary data-gathering was lawful, and what remedies followed.

1. No section 47 decision. No operative decision to initiate a Children Act 1989 section 47 enquiry had been made. The letter was conditional on the strategy process and did not constitute a final authority decision.
2. Required process. The threshold is reasonable cause to suspect that a child is suffering or likely to suffer significant harm. It must ordinarily be tested through the initial assessment and required strategy procedures. Those procedures may be bypassed only in exceptional or extreme emergency circumstances.
3. Alternative unlawfulness. If a section 47 decision had been made, it would have been unlawful because relevant agency views and the imminent home visit and interview with the child had not been considered, and no emergency justified dispensing with them.
4. Data gathering. The authority acted unlawfully by seeking information from the GP and school without parental consent, giving inaccurate information about the enquiry, and posting referral details on the health-record system before consent was obtained.
5. Remedies. A quashing order and declarations were granted. Further argument was reserved on removing database references and damages.

First-instance judicial review. Permission was granted by Wilkie J on 15 March 2012.