The code is split into two parts â Part 1: Records Management and Part 2: Review and Transfer of Public Records. The purpose of a Care Act s42 adult safeguarding enquiry is to enable the local authority to decide whether any action is required in the adultâs case, and if so, what and by whom. Concerns substantiated but the child is not judged to be at continuing risk of. However, if it is considered that the protection plan for the child might be altered by the outcome of the examination, this should take place on the day of referral. Visually recorded interviews will be conducted in accordance with the guidance set out in. Section 48 Notice, Planning Act fact sheet, questionnaire and Statement of Community Consultation will be supplied free of charge. This decision will be determined by the context of the concerns and the relative complexity of the situation. For further details see Section 46 of the Children Act 1989. Legal Mandate. That intention has been undermined by the decision of Nelson v Hollard Insurance Co Pty Ltd. Any suspected sexual abuse committed against a child aged up to eighteen years, except in situations of stranger abuse; Serious neglect or ill-treatment or emotional harm; Serious physical abuse to a child aged up to eighteen years old; this includes murder, manslaughter, any assault involving actual or grievous bodily harm, repeated assaults involving minor injury; Allegations involving organised or institutional abuse – see also, Allegations which involve unusual circumstances, such as the presentation of bizarre behavioural/medical conditions including suspected illness induced or fabricated by carers with, Allegations relating to the forced marriage of a child – see, Allegations against professionals who work with children – see, Adults who are accessing indecent images of children who have regular direct contact with the children – see also. Forward referenceâSection 47 â Unless there is some legal protection or a contingency plan in place where a child has become ‘looked after’ as a result of child protection concerns, an Initial Child Protection Conference will be required to gather information to inform planning to make sure that the ‘safety net’ is based on sound information and consideration of the facts. should undertake an enquiry or how it should be conducted (although it is clear that the duty to ensure that an enquiry takes place lies with the Local Authority). The first Strategy Discussion takes place within 24 hours. This enables clear identification of the purpose of the interview; It is useful to prepare children for in-depth interviews so that they know what to expect and in order to involve them in the process; In-depth interviews should normally have an introductory rapport building phase; A flexibly employed structure to the session is useful; Interviews should be recorded carefully in the most appropriate way for the individual circumstances; The practitioner should remember that false or erroneous accounts can emanate from children, adult carers or from professional practice; Any interviews with children should be based on established principles of professional good practice; It is essential to listen to and understand the child; It is essential to convey genuine empathic concern; It is essential to convey the view that it is the child who is the expert, not the professional; It is easier for practitioners to develop and maintain the qualities and competencies outlined above if they work within an environment that encourages critical review of practice if they seek frequent updates on research findings and consensus statements, and if they have the opportunities for continuing professional development. In other circumstances the Strategy Discussion/Meeting will ensure that the need and timing of a medical assessment is agreed with the appropriate paediatrician. The Section 47 Enquiry and assessment must be led by a qualified social worker from Children's social care, who will be responsible for its coordination and completion. It is based on the. The meeting will include those people involved in undertaking the enquiry or taking actions to keep people safe. It may be appropriate to put in place an arrangement to monitor the child’s welfare, but this should never be used as a means of deferring or avoiding difficult decisions. It is most relevant to older children when examination for sexual abuse is needed. (Best practice guidance is available from the. Please note: in December 2012 changes have been made to procedures regarding the Forensic Examination in Suspected Sexual Abuse in Children. My solicitor has asked the courts to do an immediate seciton 47 enquiry on my EX partner. Changes to legislation: Children Act 1989, Section 46 is up to date with all changes known to be in force on or before 05 March 2021. Joint enquiries are those jointly conducted by Social Services and the Police. This must be provided to the social worker, police officer (if involved) and GP. If this occurs, Social Services must be informed as soon as possible and a joint enquiry commenced, if appropriate. This section places a duty on local authorities to make enquiries, or cause enquiries to me made, where certain adults are considered to be experiencing or at risk of abuse or neglect. Additional considerations are the need to: A Forensic Examination does not only refer to an examination where forensic samples are collected: The RCPCH and Association of Forensic Examiners define a Forensic Examination as ‘Any examination when a child has made a disclosure of sexual abuse or the referring agency suspects sexual abuse has occurred’ (This applies to the acute or historic situation; both sexes). 1 page) Ask a question Section 46, Environmental Protection Act 1990 Toggle Table of Contents Table of Contents. Parents and/or carers who will receive a copy of the ‘Record of Outcome of Section 46 Enquiries’ and Core Assessment when completed; Professionals who have contributed to the enquiries but who are not likely to have ongoing involvement with the child and family. Where concerns are substantiated and the child is judged to be at continued risk of Significant Harm, a Child Protection Conference should be convened. squint, hearing problems, learning or speech problems; Confirmation of the child’s developmental progress (especially important in cases of neglect); A medical opinion of the likely cause of any injury or harm. Ensure children and parents with disabilities are provided with help with communication as required; Use alternative means of understanding the child’s perspective, including observation if a child is unable to take part in an interview because of age or understanding; Avoid using leading or suggestive communication where possible, although it must be recognised that some communication systems used by children with disabilities are leading in nature. They should receive notification of the outcome of enquiries; Professionals who were involved in the enquiries and who have ongoing involvement with the child and family. Once a decision is made to initiate a Section 47 Enquiry, the first line Children's Social Care manager should ensure that the case is discussed with the Police before a decision is made regarding whether a single agency or joint investigation should take place. Referrals for a medical examination will be made by the social worker, police officer or their manager, depending on the child’s needs and Island provision, to the consultant paediatrician on call. If, at any point during the enquiries, it becomes apparent that the joint enquiry criteria are met, contact should be made with the police and a joint enquiry started. On occasions the Police may conduct a single agency investigation out of hours reflecting their duty to respond and take initial action to protect either a child or criminal evidence. If the Service Manager decides that it is not appropriate to convene an Initial Child Protection Conference they must consider for each child subject to the Section 47 enquiry whether support services such as a Child in Need Plan, Family First Assessment or other services are required to meet their needs. Section 47 enquiries must be completed by the Local Authority within 45 days of the initial referral; the assessment will be completed by a qualified social worker. The purpose of the enquiries is to decide if any safeguarding action is necessary and if so, who is to take it. Where a crime is thought to have been committed, the guidance on investigative interviewing is set out in, They have reasonable cause to suspect a child is suffering or is likely to suffer. An adult makes an allegation about abuse in childhood; The alleged offender is not known to the child or the child’s family (i.e. Social Services have lead responsibility for the Core Assessment. independent of the enquiry. Chapters within the SSASPB Adult Safeguarding Enquiry ⦠The Core Assessment is the means by which a Section 46 Enquiry is carried out. Where concerns are substantiated and the child is judged to be at continued risk of Significant Harm, a Child Protection Conference should be convened. If an allegation has been made about a personâs actions or practice, they may also be invited. The Police will be primarily responsible for interviewing the alleged perpetrator(s). The SSASPB Adult Safeguarding Enquiry Procedures (2.79 MB) were developed by the Board partnership in order to meet the requirements of the Care Act 2014, and were widely consulted upon before publication. If parental consent for an interview is refused, the team manager in Social Services must be immediately informed and legal advice sought as a matter of urgency; Include other children in the family being seen/considered for interview; Treat families sensitively and with respect; Give consideration to conducting interviews with all those who are personally or professionally connected with the child, and/or their parents and care givers; Ensure a commissioned interpreter is provided where a child or parent speaks a language other than that spoken by the interviewer.
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