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Strategy Discussions by phone with other agencies are usually adequate to plan a straightforward single agency enquiry and are usually undertaken as a Section 47 Strategy Discussion Teleconference, click for details on how these are arranged. July 1, 2001. Read more. 25. Local authority social workers have a statutory duty to lead assessments under section 47of the Children Act 1989. . The checks should be undertaken directly with the involved professionals and not through messages with intermediaries. L3 9LQ, 30 Hamilton Square All agencies have a duty to assist and provide information in support of Section 47 Enquiries. Paediatric assessments are the responsibility of the consultant paediatrician, although an appropriately trained registrar or staff grade or exceptionally a police forensic medical examiner (FME) may conduct them. Protection of action taken in good faith. Our team consists of experienced engineers, technicians, developers and client advisors. Chapter 2 Occupational pension schemes. A full written record must be completed by each agency involved in a Section 47 Enquiry, using the required agency pro-formas, (legibly) signed and dated by the staff or inputted into their electronic record. In making a final decision about whether the threshold for a Section 47 Enquiry is met, Childrens Social Care must consult the Safeguarding Investigations Unit and other appropriate agencies so that relevant information can be taken into account. Whether or not to do so should be considered when planning the assessment or Section 47 enquiry. strangulation may leave no marks, but is very serious; Consistency with and clarity / credibility of the childs account of the injuries; Predisposing factors about the alleged perpetrator e.g. Chapter 1 - Definitions of Words and Phrases ( 1-101 1-186) Chapter 2 - The Department of Public Safety ( 2-101 2-316) Chapter 3 ( 3-101 3-110) Chapter 4 - Antitheft Laws ( 4-101 4-111) Chapter 5 - Dealers, Wreckers, and Rebuilders ( 5-101) Gather information surrounding the child and the family history Arrange and conduct an interview with the parents or carers of the child. A section 47 enquiry is carried out by undertaking or continuing an assessment. This section states that reasonable punishment may only be used as a defence to an allegation of common assault or battery. Whilst the responsibility to instigate a criminal investigation rests with the police, they should consider the views expressed by the other agencies. The Commission has specific duties relating to enforcement: to ensure that equality laws are enforced, and to work towards the elimination of discrimination and harassment. No Further Action Necessary- The Local Authority may also consider that there is no further role for them, as the initial concerns raised are not substantiated. Section 2(9) of the Code of Civil Procedure, 1908 describes the term judgement. bleach, drugs; Ensure that any other children who need to be seen are identified; Assess the degree of risk and possible need for protective action; Meet the childs needs for information and re-assurance. This section states that reasonable punishment may only be used as a defence to an allegation of common assault or battery. All Section 47 Enquiries must be undertaken by qualified social workers, referred to as the Lead Social Worker, who will be: The Lead Social Worker must consult with other agencies involved with the child and family in order to obtain a fuller picture of the childs circumstances and those of any others in the household, including risk factors and parenting strengths see Obligations and Responsibilities of All Agencies. 7 In 1985 when the coloured labour preference policy wa s finally abolished, it becam e possible for African people to acquire 99-year leasehold tenure in the Western Cape (this form of tenure had been established in the rest of the country in 1978). Where the police conduct a single agency investigation out of hours (because they have a duty to respond and take action to protect the child or obtain evidence), Childrens Social Care must be informed immediately and, if appropriate, a joint investigation commenced. A Child and Family Assessment, using the Assessment Framework, must be completed within a maximum of 45 working days. Despite section 18 of The Child and Family Services Authorities Act and the regulations made under clause 31(1)(d) of that Act, an agency must provide a critical incident report to the director in accordance with this Part. If youre on Universal Credit you might automatically pass the income assessment. Agreement in restraint of marriage void 28. Responsibility of Children's Social Care Where a baby has been harmed, has died or has been abandoned then a Section 47 investigation must be completed in collaboration with the Section 34 (meaning of unlawful) is amended as follows. by | Jun 21, 2022 | what is the most accurate latin translator | burlington iowa arrests | Jun 21, 2022 | what is the most accurate latin translator | burlington iowa arrests S.M. 47-11-901d. Where both agencies have responsibilities with respect to a child, they must cooperate to ensure the joint investigation (combining the process of a Section 47 Enquiry and a criminal investigation) is undertaken in the best interests of the child. Haringeys case, amongst other things, was that the head of the SFR had decided at a meeting on 4 May 2011 that the initial assessment should be aborted and turned immediately into a section 47 enquiry. unlawful section 47 enquiriesduskull evolution arceus. The following factors should be included in any consideration by the Safeguarding Investigations Unit and Childrens Social Care: There will be times when, after discussion or preliminary work, cases will be judged less serious and it will be agreed that the best interests of the child are served by a Childrens Social Care-led intervention, rather than a joint investigation. Race Relations Act 1976 1976 CHAPTER 74. Duty to Conduct Section 47 Enquiries Obligations and Responsibilities of all Agencies All agencies have a duty to assist and provide information in support of Section 47 Enquiries. Abandonment [Section 47 Subsection (1) amended by No. unlawful section 47 enquiries. The social worker must contact the other agencies involved with the child to inform them that a child protection enquiry has been initiated and to seek their views. Title 47 U.S.C. 0. unlawful section 47 enquiries. 1. Generally there should be a presumption of a joint investigation unless agreed otherwise. The child should be seen within 24 hours if the child. This applies equally to new, re-referred and open cases. Children may need time, and more than one opportunity, in order to develop sufficient trust to communicate any concerns they may have. The checks should be undertaken directly with involved professionals and not through messages with intermediaries. The only record was a throw-away statement made by the team manager in the core assessment document entered on 26 June 2011. For section 47 cases, the lawful basis for processing information will largely be for the performance of a public task and necessary for the provision of social care. Where differences of views remain then the Resolution of Professional Disagreements Procedure should be followed. We carry out innovative IT solutions paying attention to quality, efficiency and sustainability. Regard the child to be of an age and level of understanding to give her/his own consent; A verbatim record of the carers and childs accounts of injuries and concerns noting any discrepancies or changes of story; Documentary findings in both words and diagrams; Site, size, shape and where possible age of any marks or injuries; Who gave consent and how (child / parent, written / verbal); Other findings relevant to the child e.g. Selling flesh of diseased or injured animals. A note of the resolution must be recorded. The judge ruled that there never had been a section 47 Children Act 1989 enquiry decision and the council's insistence that one was taken was "both erroneous and unlawful". Another child in the family has died or has been seriously injured and abuse is suspected. Despite section 18 of The Child and Family Services Authorities Act and the regulations made under clause 31(1)(d) of that Act, an agency must provide a critical incident report to the director in accordance with this Part. Investigate allegations of criminal offences against children; Refer any suspicion, allegation or disclosure that a child is suffering or likely to suffer Significant Harm to Childrens Social Care; Pass relevant information received by the Safeguarding Investigations Units relating to people under 18 to Childrens Social Care. The circumstances which may lead to an alternative time-scale include: Any proposal to justify variation of routine time scales must be agreed by the authorised manager following line managers consultations with the Safeguarding Investigations Unit and any relevant agencies. Bar of jurisdiction. They will also need to speak to the parents or caregivers of the child along with speaking with the child directly. Digital platforms announce review of disinformation code . This should be achieved primarily through coordination of activities at Strategy Discussions/Meetings). Section 58(2) states that reasonable punishment is not a defence to offences under section 47, section 20, and section 18 of the Offences Against the Person Act 1861 or to section 1 of the Children and Young Persons Act 1933. Social Workers must use the Section 47 - Management Decision to record all the S47 checks with other agencies, and to record dates of visits to the children during the Section 47 assessment period. Unlawful acts relative to liquor, alcohol and liquor licensees on Westlaw. For example, an entity may search hard copy records and electronic databases and make enquiries of staff or contractors with relevant knowledge. If at any point during assessment, the threshold for Section 47 Enquiries is reached, the procedures outlined in this chapter should be followed. This decision must be authorised and recorded by a manager. However, Section 47 Enquiries may be justified at the point of referral, during the early consideration of a referral, during an assessment such as Early Help, Child in Need, or . Section 5, Initiating a s47 Enquiry was amended to include consideration of the risk of sudden unexpected death in infancy (SUDI) and how professionals will address that risk with the parent (s). Obtain clear, detailed information about the concerns, suspicion or allegation; Ascertain if there is or has been a previous Section 47 Enquiry or Child Protection Plan; Obtain history and background information including accessing relevant agency case records; Undertake any necessary emergency action see Immediate Protective Action of the Referrals Procedure; Undertake agency checks with all agencies that are involved with the child and family see Section 6, Involvement of other agencies; Involve the parents and other family members as appropriate and agree with the manager if parental agreement is to be sought prior to undertaking agency checks, recording the decision see Involving Parents and other Family Members; Identify significant adults including frequent visitors to the household and understand their involvement with the child(ren); Communicate with the child see Sub-Section, Involving the Child; Contact the local Safeguarding Investigations Unit. in the case of a Looked After child. The parents sought a judicial review of a decision by Haringeys Head of Service for First Response (SFR) to abandon the initial assessment process and immediately escalate the services response to the referral into a section 47 Children Act 1989 enquiry. 47. 3. In cases of severe neglect, physical injury or penetrative sexual abuse, the assessment should be undertaken on the day of the referral, where compatible with the welfare of the child. new construction homes in raleigh, nc under 200k. Renumbered as Section 2-309.8 of this title by Laws 2001, c. 131, 18, eff. Retaliation prohibited. In doing so, it is important to achieve the correct balance and to remain within the law. Examples of unlawful activity include criminal offences, unlawful discrimination, and trespass. Search Within. Make, or cause to be made, enquiries when the circumstances defined in Section 47 Children Act 1989 exist; Safeguard and promote the childs welfare (Section 17 Children Act 1989); Inform the Police in a case referred which constitutes or may constitute a criminal offence against a child. Working with best technological solutions, we highly improve the competitiveness of our clients business. The childs first language is not English (see Use of Interpreters, Signers or Others with Communication Skills Procedure); (S)he appears to have a degree of psychiatric disturbance but is deemed competent; (S)he has a physical / sensory / learning disability (see Use of Interpreters, Signers or Others with Communication Skills Procedure); Interviewers do not have adequate knowledge and understanding of the childs racial religious and cultural background. It is also essential that factors such as race, culture, religion, gender and sexuality together with issues arising from disability and health are taken into account. Commencement of the first review into the voluntary Australian Code of Practice for Disinformation and Misinformation has begun. Section 2(2) of the Code of Civil Procedure, 1908 describes the term decree. *A young person aged 16 or 17 has an explicit right (Section 8 Family Law Reform Act 1969) to provide consent to surgical, medical or dental treatment and unless grounds exist for doubting her/his mental health, no further consent is required. He added that the parents were also entitled to declarations that Haringey had acted unlawfully in not seeking the parents consent before approaching the girls GP and school and seeking information from them. A discussion with the individual may assist the entity to locate the information. The judge also ordered that the council to pay 2,000 in damages to the claimants, according to the BBC. where is hannah anderson now 2020 / dave glover show sue thomas / unlawful section 47 enquiries. route 66 itinerary 3 weeks These included the fact that the family were visited and the parents were interviewed separately from the girl. See Information Sharing and Confidentiality for further discussion of the issues involved in information sharing. Criteria for police single agency investigations are those where the: In all cases where the police undertake a single agency investigation, details of any victim aged under 18 must be referred to Childrens Social Care, which is responsible for assessing if the investigation raises any Child Protection issues and if supportive or therapeutic services are appropriate. In these circumstances, consideration must be given to the completion of the Child and Family Assessment (if incomplete), provision of services and/or any future monitoring by agencies (including through the Early Help). . 47-376 . 1, Applied:25 Sep 2003] [Section 47 Substituted by No. L25 5JE, 32 Allerton Road Section 47 Enquiries should be initiated, usually following a Child and Family Assessment, or whenever the threshold criteria are met. Penalties for violations of chapter. brittany long complex vsim documentation; why do i keep smelling bleach in my nose; acceptable use of information systems policy woolworths; swarovski exchange policy canada L18 1LN, 3 Warrington Road Judgement has no types. })(); Copyright HB Editorial Services Ltd 2009-2022, From Thu, 18 May 2023 Until Wed, 14 June 2023, AB & Anor, R (on the application of) v The London Borough of Haringey, Dealing with Standards of Conduct of Elected Members, Learning from Recent Reports - What is Good Governance in a Local Authority? 1. Enquiries about disability and health. If there are ongoing criminal investigations, the content of the Lead Social Workers feedback should be agreed with the Safeguarding Investigations Unit. suspected fractures, bleeding, loss of consciousness. Where more than one Strategy Discussion is held, the period of 15 working days starts from the Strategy Discussion that initiated the Section 47 Enquiry. Action under section 47 if there is reasonable cause to suspect that a child is suffering or likely to suffer significant harm. However, there is no evidence the Council failed to take Mr X's . A child of sufficient age and understanding (i.e. Found means the physical location where the child suffers the incident of harm or neglect (or is identified to be at risk of harm or neglect), e.g. If a childs whereabouts are unknown, or they cannot be traced by the Lead Social Worker within 24 hours, the following action must be taken: If the parent/carer refuses to allow the Lead Social Worker to see the child alone and/or allows a discussion about the concerns the Lead Social Worker, in consultation with her/his manager, should have a Strategy Discussion with the police and seek legal advice as appropriate. It may sometimes be appropriate for the home authority to undertake the necessary enquiries on behalf of the host authority e.g. If the agencies agree that a single agency enquiry or investigation is appropriate, there should still be an exchange of relevant information, possible involvement in Strategy Discussions and agreement reached as to the feedback required by the non-participating agency. The Section 47 - Management Decision document must be completed alongside a Strengthening Families Assessment. Section 47 investigations . If Childrens Social Care continues to provide services to the child / family, a Childs Plan should be initiated and reviewed on a regular basis against agreed objectives. 2014, c. 33, s. 3. In infp enneagram 9 careers. Meetings should be chaired by a Team Manager for cases . Please verify the status of the code you are researching with the state legislature or via Westlaw before . The Lead Social Worker has the prime responsibility to engage with family members in order to assess the overall capacity of the family to safeguard the child, as well as ascertaining the facts of the situation causing concern. Judge Thornton also said that the claimants were entitled to a decision from the court as to what the position would have been had the Head of SFR succeeded in making . Sale of diseased livestock or fowl unlawful. barry mcguigan, daughter funeral; unlawful section 47 enquiries. Woolton The Local Authority's Children's Social Care have a statutory duty to carry out a Section 47 Enquiry in any of the following circumstances: Where there is information to indicate that a child has suffered or is likely to suffer Significant Harm; Breaking news from the premier Jamaican newspaper, the Jamaica Observer. 47. Coloring or dying animals prohibited; sale or distribution of certain young animals prohibited; penalty. Reports should be produced in accordance with the RCPCH guidance and SARC documentation. Contact us today by calling us at 0161 237 1913 or on 0800 988 64 22 for 24-hour legal advice. stranger abuse however in these circumstances, consideration will still be given to joint investigative interview(s) in accordance with Achieving Best Evidence. 47-11-901c. The Childrens Social Care first line manager has the responsibility, on the basis of available information, to authorise a Section 47 Enquiry. The relevant agency should be informed of the reason for the enquiry, whether or not parental consent has been obtained and asked for their assessment of the child in the light of information presented. gcse.async = true; Open source information is any publicly available information, including information responsive to Google or other search engine searches, information publicly available on social media such as twitter, Instagram, Facebook etc. 13 SCR Records Rs. Any decision to terminate enquiries must be communicated to the other agency for it to consider, and the rationale recorded by both agencies. If line managers disagree, the disputes should be resolved by agreement between senior managers from the agencies involved (see Resolution of Professional Disagreements Procedure). Please see our short. For initial advice regarding social services involvement, youll need to undertake a financial assessment which will look at your finances, including your savings, assets and income. Where a baby has been harmed, has died or has been abandoned then aSection 47investigation must be completed in collaboration with the Police. Cotton Exchange Judge Thornton also said that the claimants were entitled to a decision from the court as to what the position would have been had the Head of SFR succeeded in making a s. 47 decision. The judgment is not inconsistent with . An explanation of the reason for concern and where appropriate the source of information; The procedures to be followed (this must include an explanation of the need for the child to be seen, interviewed and/or medically examined and seeking parental agreement for these aspects of the enquiry and/or investigation); An explanation of their rights as parents including the need for support and guidance from an advocate whom they trust (advice should be given about the right to seek legal advice); That in the event of any conflict between the needs and wishes of the parents and those of the child, the childs welfare is the paramount consideration in any decision or action; An explanation of the role of the various agencies involved in the enquiry / investigation and of the wish to work in partnership with them to secure the welfare of their child; The need to gather initial information on the history and structure of the family, the child and other relevant information to enable an assessment of the injuries and/or allegations and the continuing risk to the child to be made; In situations of domestic abuse, the possibility of working with the parents separately; Assessment of evidential opportunities in a police investigation and recovery of evidence that may confirm or refute an allegation or suspicion of crime; The provision of an opportunity for parents to be able to ask questions and receive support and guidance. s.parentNode.insertBefore(gcse, s); There are criminal liabilities for breach of the banking secrecy provisions in the Act. Parents should be provided with an early opportunity to explain their perception of the concerns, recognising that there may be alternative accounts and discrepancies. The enquiry will involve an assessment of the child's needs and the ability of those caring . unlawful section 47 enquiries unlawful section 47 enquiries. 0. The Lead Social Worker should (unless this would cause undue delay) consult parents about the gender of the medical practitioner prior to the examination being conducted. It is the responsibility of managers to make the decision to start a section 47 enquiry/core assessment.