Children Act 1989, section 47

Local authority’s duty to investigate

Part V Protection of Children

(1)Where a local authority—

(a)are informed that a child who lives, or is found, in their area—

(i)is the subject of an emergency protection order; or

(ii)F620is in police protection; ...

F620(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)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,

F621the 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. ....

(2)Where a local authority have obtained an emergency protection order with respect to a child, they shall make, or cause to be made, such enquiries as they consider necessary to enable them to decide what action they should take to safeguard or promote the child’s welfare.

(3)The enquiries shall, in particular, be directed towards establishing—

[F622 (a)whether the authority should—

(i)make any application to court under this Act;

(ii)exercise any of their other powers under this Act;

(iii)exercise any of their powers under section 11 of the Crime and Disorder Act 1998 (child safety orders); or

(iv)(where the authority is a local authority in Wales) exercise any of their powers under the Social Services and Well-being (Wales) Act 2014;

with respect to the child;F622]

(b)whether, in the case of a child—

(i)with respect to whom an emergency protection order has been made; and

(ii)who is not in accommodation provided by or on behalf of the authority,

it would be in the child’s best interests (while an emergency protection order remains in force) for him to be in such accommodation; and

(c)whether, in the case of a child who has been taken into police protection, it would be in the child’s best interests for the authority to ask for an application to be made under section 46(7).

(4)Where enquiries are being made under subsection (1) with respect to a child, the local authority concerned shall (with a view to enabling them to determine what action, if any, to take with respect to him) take such steps as are reasonably practicable—

(a)to obtain access to him; or

(b)to ensure that access to him is obtained, on their behalf, by a person authorised by them for the purpose,

unless they are satisfied that they already have sufficient information with respect to him.

(5)Where, as a result of any such enquiries, it appears to the authority that there are matters connected with the child’s education which should be investigated, they shall consult [F623the local authority (as defined in section 579(1) of the Education 1996), if different, specified in subsection (5ZA).

(5ZA)The local authority referred to in subsection (5) is—

(a)the local authority who —

(i)maintain any school at which the child is a pupil, or

(ii)make arrangements for the provision of education for the child otherwise than at school pursuant to section 19 [F624 or 19AF624] of the Education Act 1996, or

(b)in a case where the child is a pupil at a school which is not maintained by a local authority, the local authority in whose area the school is situated.F623]

[F625 (5A)For the purposes of making a determination under this section as to the action to be taken with respect to a child, a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare—

(a)ascertain the child’s wishes and feelings regarding the action to be taken with respect to him; and

(b)give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as they have been able to ascertain.F625]

(6)Where, in the course of enquiries made under this section—

(a)any officer of the local authority concerned; or

(b)any person authorised by the authority to act on their behalf in connection with those enquiries—

(i)is refused access to the child concerned; or

(ii)is denied information as to his whereabouts,

the authority shall apply for an emergency protection order, a child assessment order, a care order or a supervision order with respect to the child unless they are satisfied that his welfare can be satisfactorily safeguarded without their doing so.

(7)If, on the conclusion of any enquiries or review made under this section, the authority decide not to apply for an emergency protection order, a child assessment order, a care order or a supervision order they shall—

(a)consider whether it would be appropriate to review the case at a later date; and

(b)if they decide that it would be, determine the date on which that review is to begin.

(8)Where, as a result of complying with this section, a local authority conclude that they should take action to safeguard or promote the child’s welfare they shall take that action (so far as it is both within their power and reasonably practicable for them to do so).

(9)Where a local authority are 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 by the authority to do so.

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

(11)The persons are—

(a)any local authority;

F626(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)any local housing authority;

[F627 (ca)[F628 NHS EnglandF628] ;F627]

(d)F632any [F629integrated care board,F629][[F630,F631 Local Health BoardF631] , Special Health AuthorityF630] ... [F633, National Health Service trust or NHS foundation trustF633] ; and

(e)any person authorised by the Secretary of State for the purposes of this section.

(12)Where a local authority are making enquiries under this section with respect to a child who appears to them to be ordinarily resident within the area of another authority, they shall consult that other authority, who may undertake the necessary enquiries in their place.

Definitions used in section 47 17

local authority

“local authority” means, in relation to England ..., the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London in relation to Wales, the council of a county or a county borough and, in relation to Scotland, a local authority within the meaning of section 1(2) of the Social Work (Scotland) Act 1968 ;

Defined in s.105(1) · see it in the full Act
child

16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.

Defined in Sch.1 para.16(1) · see it in the full Act

“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

Defined in s.105(1) · see it in the full Act
emergency protection order

“emergency protection order” means an order under section 44;

Defined in s.105(1) · see it in the full Act
harm

“harm” has the same meaning as in section 31(9) and the question of whether harm is significant shall be determined in accordance with section 31(10);

Defined in s.105(1) · see it in the full Act
the court

(7) For the purposes of this Act “the court” means the High Court or the family court .

Defined in s.92(7) · see it in the full Act
school

“school” has the same meaning as in the Education Act 1996 or, in relation to Scotland, in the Education (Scotland) Act 1980 ;

Defined in s.105(1) · see it in the full Act
child assessment order

“child assessment order” has the meaning given by section 43(2);

Defined in s.105(1) · see it in the full Act
a child assessment order

(2) In this Act “a child assessment order” means an order under this section.

Defined in s.43(2) · see it in the full Act
a care order

“a care order” means (subject to section 105(1)) an order under subsection (1)(a) and (except where express provision to the contrary is made) includes an interim care order made under section 38; and

Defined in s.31(11) · see it in the full Act
care order

“care order” has the meaning given by section 31(11) and also includes any order which by or under any enactment has the effect of, or is deemed to be, a care order for the purposes of this Act; and any reference to a child who is in the care of an authority is a reference to a child who is in their care by virtue of a care order;

Defined in s.105(1) · see it in the full Act
a supervision order

“a supervision order” means an order under subsection (1)(b) and (except where express provision to the contrary is made) includes an interim supervision order made under section 38.

Defined in s.31(11) · see it in the full Act
supervision order

“supervision order” has the meaning given by section 31(11);

Defined in s.105(1) · see it in the full Act
local housing authority

“local housing authority” has the same meaning as in the Housing Act 1985 ;

Defined in s.105(1) · see it in the full Act
integrated care board

“integrated care board” means a body established under section 14Z25 of the National Health Service Act 2006 ;

Defined in s.105(1) · see it in the full Act
Local Health Board

“Local Health Board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 ;

Defined in s.105(1) · see it in the full Act
Special Health Authority

“Special Health Authority” means a Special Health Authority established under section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006 , ;

Defined in s.105(1) · see it in the full Act
service

“service”, in relation to any provision made under Part III, includes any facility;

Defined in s.105(1) · see it in the full Act

Cases considering section 47 85

HXA v Surrey County Council

[2023] UKSC 52 · 20 December 2023Limits

Reasonable cause to suspect significant harm triggers a duty to make enquiries necessary to decide whether protective action should be taken. Conducting or omitting such enquiries does not itself amount to providing a service or assuming responsibility to protect the child. (see paras [33], [93]-[95]) The enquiries must address whether the authority should apply to the court or exercise other statutory powers. This supported the characterisation of an investigation as preparatory to deciding whether to intervene. (see paras [33], [93]-[95])

Poole Borough Council v GN (through his litigation friend “The Official Solicitor”) and another

[2019] UKSC 25 · 6 June 2019Interprets

The section governs child-protection enquiries but does not itself create a statutory cause of action or automatically generate a common law duty of care. (see paras [22]; [25]; [74]; [91]) Reasonable cause to suspect that a child is suffering or likely to suffer significant harm triggers enquiries considered necessary to decide whether protective action should be taken. (see para [22]) The required enquiries include determining whether the authority should apply to the court or exercise another statutory power concerning the child. (see para [22])

In re B (Children) (FC)

[2008] UKHL 35 · 11 June 2008

The House applied this provision to distinguish the local authority's investigative and risk-management role, which begins on reasonable suspicion, from the court's responsibility to determine disputed facts before authorising permanent intervention. The provision's reasonable-cause-to-suspect language was contrasted with the language of proof in section 31(2), demonstrating that Parliament prescribed a lower threshold for child-protection investigations than for final orders.

65 more judgments, and what each says about section 47, are in the case-law panel in the full Act.

Amendments and notes

15 notes from legislation.gov.uk

Amendments

  1. F620S. 47(1)(a)(iii) and preceding word repealed (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(2), 116(6)(a), Sch. 8 Pt. 13
  2. F621Words in s. 47(1) repealed (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(2), 116(6)(a), Sch. 8 Pt. 13
  3. F622S. 47(3)(a) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 100
  4. F623S. 47(5ZA) and words substituted (5.5.2010) for words in s. 47(5) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(8)(a)
  5. F624Words in s. 47(5ZA)(a)(ii) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 1(2) text inserted for certain specified purposes only, see the commentary.
  6. F625S. 47(5A) inserted (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 53(3); S.I. 2005/394, art. 2(1)(g); S.I. 2006/885, art. 2(2)(d)
  7. F626S. 47(11)(b) repealed (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1)(2), Sch. 2 para. 37(8)(b), Sch. 3 Pt. 2
  8. F627S. 47(11)(ca) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 53(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  9. F628Words in s. 47 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  10. F632Words in s. 47(11)(d) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 53(b)(ii); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  11. F629Words in s. 47(11)(d) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 33; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  12. F630Words in s. 47(11)(d) substituted (1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III, para. 118(7)(with Sch. 2 para. 6)
  13. F631Words in s. 47(11)(d) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3, Sch. para. 20(2)(f)
  14. F633Words in s. 47(11)(d) substituted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 34, Sch. 4 para. 79; S.I. 2004/759, art. 2

Commencement

  1. I44S. 47 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)