What is the difference between section 17 and section 47? (2024)

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What is the difference between a Section 47 and Section 17?

To decide whether the child is a child in need (section 17) or is suffering or likely to suffer significant harm (section 47); To provide support to address those needs to improve the child's outcomes and welfare and where necessary to make them safe.

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What is a Section 47 for?

The purpose of section 47 investigations is to decide whether and what type of action is required to safeguard and promote the welfare of a child who is suspected of, or likely to be, suffering significant harm. Referrals may arise from the Police or School which raise concern about the child.

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What is the meaning of Section 17 of the children's Act?

Section 17 of the Act places a general duty on all local authorities to 'safeguard and promote the welfare of children within their area who are in need. ' Basically, a 'child in need' is a child who needs additional support from the local authority to meet their potential.

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What is a Section 17 child and family assessment?

A 'child in need' assessment under section 17 will identify the needs of the child and ensure that the family are given the appropriate support in enabling them to safeguard and promote the child's welfare.

(Video) Interim Relief under Section 9 & Section 17.
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What's the difference between child in need and child protection?

A child in need plan operates under section 17 of The Children Act 1989 and doesn't have statutory framework for the timescales of the intervention. It has a lower threshold for accessing services than a child protection plan.

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How long does a Section 47 take?

Although there are 45 working days to complete an assessment, Section 47 CP enquiries will need to progress within a timescale that is commensurate with the identified safeguarding needs of the child. London Child Protection Procedures details the timescales that apply in these circumstances.

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What is the outcome of a section 47?

Outcome of the Section 47 Enquiry. The Section 47 Enquiry is concluded at the point when an informed decision is made taking account of all information available as to whether the child is likely to suffer, Significant Harm or not.

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What powers does a Section 47 have?

2. Purpose of Section 47 Enquiries. A Section 47 Enquiry is initiated to decide whether and what type of action is required to safeguard and promote the welfare of a child who is suspected of, or likely to be, suffering significant harm.

(Video) REGISTRATION ACT 1908 SECTION 17-19
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What is a Section 17 referral to the local authority?

Under section 17 of the Children Act 1989, local authority social services have an ongoing general duty to safeguard and promote the welfare of 'children in need' (and those of their families) in their area. This duty can include providing accommodation.

(Video) Section 47 MHA - in 2 Minutes!
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Why is Section 17 important?

Section 17 of the Children Act 1989 places a general duty on local authorities to safeguard and promote the welfare of children in need. An important part of this duty is to promote the child's upbringing by their families.

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How long should a section 17 assessment take?

Social services are required to decide what response is required within one day of the referral being received and to conclude the assessment no longer than 45 working days from the point of referral.

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Do you need parental consent for section 17?

Indeed, in practice social workers rarely ask families being supported through section 17 whether they agree to assessment or intervention. They rarely ask for parents' consent to become involved in a child's life.

What is the difference between section 17 and section 47? (2024)
Can I refuse a section 47?

A child who is of sufficient age and understanding may refuse some or all of the medical assessment, though refusal can potentially be overridden by a court. Wherever possible the permission of a parent should be sought for children under sixteen prior to any medical assessment and/or other medical treatment.

What is a Section 17 payment?

Section 17(6) of the Children Act 1989 allows a local authority to provide accommodation and financial support to meet a child's needs: 'The services provided by a local authority in the exercise of functions conferred on them by this section may include providing accommodation and giving assistance in kind or in cash.

What is the difference between section 17 and section 20?

17 are – in general terms – ineligible for the various 'leaving care' support packages provided by local social services authorities, whilst those accommodated under s. 20 are (again, in general terms), likely to benefit from a range of support services pursuant to the Children (Leaving Care) Act 2000.

How long can a child stay on a child protection plan?

How long will my child have a child protection plan for? Usually a child will require a child protection plan for no longer than two years. By that stage the work undertaken with the family usually means that the child is no longer at risk.

Can I tell social services to go away?

Work with Social Services.

Some have asked ” can I tell social services to go away ” – If you tell them to go away, they won't and you will end up in Court and there is then the risk that your children really will be removed.

Can social services talk to my child without me?

Yes. The social worker will want to speak to your child alone, but they should ask you before they do so (unless there are exceptional circumstances, for example they are concerned that you might threaten your child or try to make your child stay silent, or your child doesn't want you involved).

What do social services look for when they come to your house?

Aside from food, water, and shelter, kids also need to have fun. The social worker will look for some toys, or other items that belong to your kids. Don't panic if your children's room is a little messy, the social worker is only making sure they have a livable space in your home.

Who has parental responsibility section 47?

Children's Social Care Services Deputy Team Managers and Team Managers have the responsibility, based on available information, to authorise Section 47 Enquiries. The decision to initiate a Section 47 Enquiry must be taken at a Strategy Discussion/Meeting.

What are the indicators for considering a Section 47 assessment?

Section 47 Thresholds and the Multi Agency Assessment

There is reasonable cause to suspect that a child is suffering or likely to suffer significant harm in the form of physical, sexual, emotional abuse or neglect; Following an EPO or the use of Police Powers of protection is initiated.

What is a Section 47 strategy meeting?

A Section 47 Enquiry is initiated to decide whether and what type of action is required to safeguard and promote the welfare of a child who is suspected of, or likely to be, suffering significant harm.

Is parental consent required to make a section 47 referral?

Only one person with parental responsibility is required to give consent – however, if another person who also holds parental responsibility refuses consent and examination is in the child's best interest, or there is a public interest, then consideration should be given to applying for a court order.

How long do social services take to investigate?

Investigations usually take about six months. The process may take longer depending on the availability of relevant information, or if an investigation is put on hold.

What is a Section 47 mental health Act?

The Secretary of State for Justice has issued a “transfer direction” under section 47 of the Mental Health Act 1983, which allows a sentenced prisoner to be transferred to hospital for treatment.

What does section 47 of the children's Act cover?

Section 47 Thresholds and the Multi Agency Assessment

There is reasonable cause to suspect that a child is suffering or likely to suffer significant harm in the form of physical, sexual, emotional abuse or neglect; Following an EPO or the use of Police Powers of protection is initiated.

What is Section 47 of the Terrorism Act?

47a of TACT 2000 (previously s. 44) for the first time. This power allows the police to exercise stop and searches when there is reasonable suspicion an act of terrorism will take place, and only when such powers are considered necessary to prevent such an act taking place.

What age do social services stop getting involved?

Until the age of 18, services for children and young people with long-term health conditions are provided by child health and social care services. From 18, they're usually provided by adult services. Between the ages of 16 and 18, the child will start a "transition" to adult services.

What can you do if Social Care decide not to get involved?

Complain to the local authority by writing a letter

You should explain in your letter how the decision will affect you and why you don't think it's right. You can also ask for an explanation of how the decision has been made. More advice about writing your letter is provided by the Citizens Advice website.

Can you refuse social services assessment?

You can't refuse a needs assessment if: you lack the capacity to refuse, and the local authority believes that it's in your best interests to have an assessment. the local authority believes you've experienced abuse or neglect, or are at risk of it (see our page on safeguarding in social care).

How long can Section 17 leave last?

(2)Leave of absence may be granted to a patient under this section either indefinitely or on specified occasions or for any specified period; and where leave is so granted for a specified period, that period may be extended by further leave granted in the absence of the patient.

Who can revoke Section 17 leave?

You should be given a copy of the Section 17 leave form that sets out these conditions so you're clear what they are. The responsible clinician can revoke your leave and make you come back to hospital at any time.

Who Authorises Section 17 Leave for a patient who is on a restricted order?

1. Section 41(3)(c)(i) of the Mental Health Act 1983 requires a responsible clinician to obtain consent from the Secretary of State before granting section 17 leave to a restricted patient.

What makes a good assessment in social work?

Have good technical knowledge of relevant law, frameworks and methods of assessment. Be systematic and rigorous with evidence on which judgements are being made, appreciating any limitations. View the method and your conduct of assessments self-critically. Weigh the potential harms and benefits of risks.

What happens if you refuse a child in need plan?

A child in need plan is the level below child protection. It is voluntary but if you don't engage then social services may escalate your case to child protection. It also looks like you have something to hide.

What is the most common reason for a child protection plan?

Emotional abuse and neglect remain top reasons children are within the child protection system.

Is cafcass the same as social services?

The key difference between CAFCASS and social services is that CAFCASS are an independent support service, specifically appointed to assist the family court. Social services are there to protect children and vulnerable adults in all areas of life, not just in court proceedings.

Can a social worker enter your home without permission?

You have every right to refuse any social service people admission to your home. They would have to go away and get police assistance + court order (they would have to provide enough evidence to a judge it was an emergency, that your kids were at risk).

How often are child in need visits?

A review Child in Need meeting will be held at least every 6 weeks. Visits should be at least every 20 working days. The visit frequency must be agreed within the initial Child in Need meeting and must take into consideration the unique situation of the child and family.

How long should a section 47 take?

Although there are 45 working days to complete an assessment, Section 47 CP enquiries will need to progress within a timescale that is commensurate with the identified safeguarding needs of the child. London Child Protection Procedures details the timescales that apply in these circumstances.

What happens after a section 47 investigation?

Concerns proved – If the outcome of the Section 47 enquiry is that concerns are raised with the Local Authority, they may make the decision to start Court proceedings by making an application for an Interim Care Order or an Interim Supervision Order concerning the child.

What does a Section 47 mean?

What's involved in a Child Protection Investigation, also called a Section 47. A Section 47 Enquiry might also be referred to as a Child Protection enquiry, a Child Protection Investigation, or an S47. These investigations are carried out to assess if there is the risk of significant harm to a child (or children).

What happens in a section 17 assessment?

A 'child in need' assessment under section 17 will identify the needs of the child and ensure that the family are given the appropriate support in enabling them to safeguard and promote the child's welfare.

What is a Section 17 referral to the local authority?

Under section 17 of the Children Act 1989, local authority social services have an ongoing general duty to safeguard and promote the welfare of 'children in need' (and those of their families) in their area. This duty can include providing accommodation.

How many possible outcomes are there of a section 47 Enquiry?

The Section 47 Enquiry will result in one of four possible outcomes: Child protection concerns are substantiated and the child(ren) is (are) considered to be suffering, or likely to suffer, Significant Harm, in which case an Initial Child Protection Conference will be convened.

How long does a Section 17 assessment take?

Social services are required to decide what response is required within one day of the referral being received and to conclude the assessment no longer than 45 working days from the point of referral.

Why is Section 17 important?

Section 17 of the Children Act 1989 places a general duty on local authorities to safeguard and promote the welfare of children in need. An important part of this duty is to promote the child's upbringing by their families.

Do you need consent for section 17?

Indeed, in practice social workers rarely ask families being supported through section 17 whether they agree to assessment or intervention. They rarely ask for parents' consent to become involved in a child's life.

What does section 47 of the children's Act cover?

Section 47 investigations

A Section 47 enquiry means that CSC must carry out an investigation 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'1.

What is the outcome of a section 47?

Outcome of the Section 47 Enquiry. The Section 47 Enquiry is concluded at the point when an informed decision is made taking account of all information available as to whether the child is likely to suffer, Significant Harm or not.

What is a Section 17 referral to the local authority?

Under section 17 of the Children Act 1989, local authority social services have an ongoing general duty to safeguard and promote the welfare of 'children in need' (and those of their families) in their area. This duty can include providing accommodation.

What happens in a section 47 investigation?

A Section 47 Enquiry is initiated to decide whether and what type of action is required to safeguard and promote the welfare of a child who is suspected of, or likely to be, suffering significant harm.

What is a Section 47 strategy meeting?

A Section 47 Enquiry is initiated to decide whether and what type of action is required to safeguard and promote the welfare of a child who is suspected of, or likely to be, suffering significant harm.

Can I refuse a section 47?

A child who is of sufficient age and understanding may refuse some or all of the medical assessment, though refusal can potentially be overridden by a court. Wherever possible the permission of a parent should be sought for children under sixteen prior to any medical assessment and/or other medical treatment.

Is parental consent required to make a section 47 referral?

Only one person with parental responsibility is required to give consent – however, if another person who also holds parental responsibility refuses consent and examination is in the child's best interest, or there is a public interest, then consideration should be given to applying for a court order.

Who has parental responsibility section 47?

Children's Social Care Services Deputy Team Managers and Team Managers have the responsibility, based on available information, to authorise Section 47 Enquiries. The decision to initiate a Section 47 Enquiry must be taken at a Strategy Discussion/Meeting.

How long do social services take to investigate?

Investigations usually take about six months. The process may take longer depending on the availability of relevant information, or if an investigation is put on hold.

What happens after a child protection conference?

If the conference decide to take further action to protect your child, you should get legal advice from a specialist. They'll help you understand your options and work out the best way forward for you and your child. The conference can't say whether someone is guilty of abusing a child - only a court can do that.

How long should a section 17 assessment take?

Social services are required to decide what response is required within one day of the referral being received and to conclude the assessment no longer than 45 working days from the point of referral.

Do you need consent for section 17?

Indeed, in practice social workers rarely ask families being supported through section 17 whether they agree to assessment or intervention. They rarely ask for parents' consent to become involved in a child's life.

What is a Section 17 payment?

Section 17(6) of the Children Act 1989 allows a local authority to provide accommodation and financial support to meet a child's needs: 'The services provided by a local authority in the exercise of functions conferred on them by this section may include providing accommodation and giving assistance in kind or in cash.

What do social services look for when they come to your house?

Aside from food, water, and shelter, kids also need to have fun. The social worker will look for some toys, or other items that belong to your kids. Don't panic if your children's room is a little messy, the social worker is only making sure they have a livable space in your home.

What are the indicators for considering a Section 47 assessment?

Section 47 Thresholds and the Multi Agency Assessment

There is reasonable cause to suspect that a child is suffering or likely to suffer significant harm in the form of physical, sexual, emotional abuse or neglect; Following an EPO or the use of Police Powers of protection is initiated.

How long does a child in need plan last?

A Child in Need Plan will be developed in a Child in Need Planning Meeting. Most Child in Need Plans will envisage that Children's Services intervention will end within 12 months. However, some children and families may require longer term support, for example children with disabilities.

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