Safeguarding Children: Protocol for Inter-Agency Cooperation in Child Protection Cases, Exams of Decision Making

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Version 1.4 – January 2021

Joint Section 47 Enquiry

Gloucestershire Safeguarding Children

Partnership Protocol

Revision Table

Revision Date Comment 1.0 25 th^ August 2017 Protocol agreed and published on GSCP website 1.1 6 th^ March 2018 Minor changes to wording and updated diagram at Appendix C 1.2 4 th^ May 2018 Enhanced strategy discussion guidance, included local strategy discussion flowchart and amended organised and complex abuse section 1.3 28 August 2020 Protocol reviewed and updated to reflect current contact numbers. Addition of SCR Findings Pg6 and Pg 1.4 January 2021 Change from GCSE to GSCP

• All investigations must demonstrate respect for diversity.

Workers from all agencies will need to be aware of the competing demands in their specialist roles and recognise that they share the same objective: the safeguarding and protection of a child or children.

Please ensure that :

• You read, understand and when appropriate act on this information.
• All staff you are responsible for, read, understand and where appropriate act on this information.
• You identify any training in relation to this policy for yourself and staff you are responsible for and notify the training forum or include in annual training needs assessments.
• You have a system for recording that staff you are responsible for, have be en told of the existence of this policy/procedure.

Framework for working together under S47 of The Children Act 1989

When working together to safeguard any child the key agencies will work together to:

• Take immediate protective action.
• Ensure that pain relief and medical treatment are provided for any serious injuries.
• Listen to the child, ensure that their wishes and feelings are taken into account.
• Plan multi-agency ongoing co-ordinated protection and support to the child and family as required.
• Consider the need for a medical assessment for the index child and siblings.
• Assess levels of risk to all children in the household (or any other children implicated) when allegations of abuse have been made.
• Contribute (where appropriate) to the legal process, both criminal and civil.

Procedure

Children’s Social Care has a statutory duty to make enquiries into allegations or suspicions where there are concerns that a child is suffering or is likely to suffer significant harm. There is also a responsibility to safeguard and promote the child’s welfare and to ensure that the child’s welfare is paramount in all enquiries and decision making.

The Police have a responsibility to investigate allegations of offences against children.

The Police, Children’s Social Care and Health professionals have specialist and complementary skills in the assessment and investigation of allegations of child abuse. In appropriate cases it is necessary for these skills to be combined to provide maximum protection for those children who are at risk or who have suffered significant harm.

A strategy discussion, which will be either a multi-agency meeting or phone calls will take place to determine the appropriate level of intervention following the referral of an incident

to the Police or Children’s Social Care (Joint investigation: The criteria for conducting a joint investigation of a referral of alleged/suspected child abuse is the likelihood that a criminal offence may have been committed (the likelihood of prosecution i s not a factor). To be recorded in Strategy meeting Minutes. The agreed actions MUST be agreed between Police, Health and Children’s Social Care

Subject to the recommendations of a Strategy Discussion, the following circumstances will result in a joint police and social work investigation.

• Actual or suspected serious physical injury or neglect.
• Abandonment of young or vulnerable children where the child is exposed to danger.
• Violence to a child constituting an assault, actual or grievous bodily harm, marks, bruising, or soft tissue injuries to babies or very young children.
• Penetrative Sexual Abuse.
• Allegations of harm arising from under age sexual activity.
• Where the alleged perpetrator (who is in a position of trust) has unsupervised access to a child or children, e.g. voluntary group leader, teacher or medical nursing professionals.
• Allegations or reasonable suspicions that a criminal offence has been committed: a direct allegation made by a child.
• Allegations or reasonable suspicion of serious neglect which may require action under Section 1 of the Children and Young Persons Act 1933.
• Significant concerns about the welfare of an unborn baby.
• Bullying that is leading to a risk of significant harm.
• Allegations or reasonable suspicions which involve unusual or specific circumstances e.g. organised or institutional abuse or medical conditions such as fabricated or induced illness.
• Hate crimes and offences under The Equalities Act

The criterion for single agency investigation by Children’s Social Care : Where there is little or no likelihood of a criminal offence arising from the referral.

The criterion for single agency investigation by the Police : Where the alleged abuser is outside the child’s immediate family and parents or carers are protective and actively meeting the child’s needs.

However, all single agency investigations regarding children will be discussed with Children’s Social Care to confirm this status. Feedback and information will be shared at the time.

At any stage professional judgement may override the threshold criteria and lead to more or less action. Any changes of agreed action should be negotiated via another strategy discussion or discussion between the key agencies: the decision making should be fully recorded.

As part of this process, any paediatric review or examination of the child and siblings whether index case or sibling, will be shared with all agencies at section 47 thresholds.

 Decide whether a section 47 enquiry under The Children Act 1989 should be initiated and undertaken.  Agree and record whether the enquiry is joint or single agency and why.  To decide whether there is a need for medical assessment, and if so who will carry out what actions, by when, and for what purpose.  Determine what information from the strategy discussion will be shared with the family, without jeopardising the police investigation or causing significant harm. It is the social worker/Team Manager’s responsibility to ensure this happens in a timely and inclusive way.  Agree the conduct and timing of any criminal investigation.  To decide whether a Joint Interview (JI) will take place, to agree who should be interviewed by whom, for what purpose and when.

All strategy discussions and the decisions made will be recorded and agreed by all agencies. All strategy discussions will be signed off by a Manager for Children’s Social care.

It is agreed that the timing of all Strategy Discussions will be considered based on the risk posed to the child/ren. Wherever possible meetings/phone discussions will take place in a reasonable timescale based on the need but no longer than 5 working days after the concern of significant harm is raised.

Police Protection can only be considered at the time of the event and consultation needs to be had with the PPU inspector or the duty inspector when out of hours. On exercise of police protection powers, Children’s Social Care will be informed at the earliest opportunity.

What happens after a Strategy discussion?

• The Initial Strategy Discussion makes decisions about whether to initiate section 47 enquiries and decisions are agreed, recorded and signed off.
• Police will make a decision as to whether a criminal investigation will commence and document the rationale for the decision.
• Social Worker will lead the enquiry under Section 47 of the Children Act 1989; finding of significant harm and information is recorded within a Single Assessment, and will proceed to Child Protection Conference or Care Proceedings, or make a child ‘Looked After’ if required or take no further action: all other professionals will contribute.
• Medical assessments when indicated will be completed and a plan agreed to ensure that outstanding health needs are met. Known information about the child or the family must be shared by the social worker at the medical assessment. Good practice should concur with Lord laming’s recommendations and occur within 24 hours.
• Police, Health professional and Deputy Manager/Manager will agree whether a child protection conference is necessary and record the decision.

Medical Assessments

If the child is seriously ill or injured, immediate medical treatment will be sought through attendance at the Gloucester Royal Hospital A&E department.

When the strategy discussion has identified the need for planned medical assessment, referral requires discussion with the Hospital child protection paediatric consultant on call.

(Please see appendix D1 - pathway for assessment of physical abuse)

In the context of a Child Protection Investigation, the purpose of a medical assessment is to:

• Ensure that any injury or condition requiring urgent attention receives treatment.
• Record any injuries, signs of neglect, or abuse for evidential purposes. This may include written accounts, body maps, clinical photographs and colposcopic images.
• Secure forensic evidence (the need for this may affect the timing of the medical and requires joint agreement between health professional and investigating police officer).
• Reassure the child about their physical well-being.
• Obtain an assessment about possible indication of abuse and neglect and views on history to mechanism of injury.
• Decide what, if any, clinical investigations need to be undertaken on the child/siblings.

The result of any examination by the Paediatrician will be shared with Children’s Social Care and the Police and written reports provided as soon as possible.

In the case of an acute sexual abuse disclosure/offence it is good practice to arrange an Achieving Best Evidence (ABE) interview although at times this may not be practical prior to a forensic medical examination. The timing of the forensic medical examination should be agreed between the Senior Investigating Police Officer and the Forensic Medical Examiner, and when needed the Consultant Paediatrician – this should be agreed at the strategy discussion

(Please see appendix D2 – pathway for child alleging sexual assault)

Any medical examination of a child or young person under 16, for the purposes of a child protection investigation, requires the consent of an adult with parental responsibility.

In the event that consent is withheld, Children’s Social care should seek legal advice from the Local Authority legal department.

Emergency Duty and Out of Hours

Continuing the delivery of services to children out of core hours should not disadvantage children who need protecting. It is equally important to adhere to this procedure when working out of hours.

Children’s Social Care is available from 9.00am until 5.00pm. However any inquiries which started within these hours are continued by the same Manager and Social Worker until

• Identify together the factors that led to the system failure, using this information to inform improving practice.
• If appropriate, report the resolution to a manager in writing so that improvements can be integrated into the protocol.
• If the issue cannot be resolved after this, form a de-brief meeting immediately with the workers involved from Social Care, Health and police and other agencies to resolve using the GSCP Escalation protocol.
• Inform the DCI, Paediatric Safeguarding Lead and Head of Service.

Useful Links

Working Together to Safeguard Children ( 2018 )

https://www.gov.uk/government/publications/working- together-to-safeguard-children-- 2 Gloucestershire Safeguarding Children Partnership

https://www.gloucestershire.gov.uk/gscp/

South West Child Protection Procedures

www.proceduresonline.com/swcpp/gloucestershire

The Physical Signs of Child Sexual Abuse – An evidence-based review and guidance for best practice May 2018 Royal College of Paediatrics and Child Health

www.rcpch.ac.uk

APPENDICES

Appendix A: Referral and Strategy Discussion/Meeting (Guidance)

Appendix B: Local Strategy Discussion Flowchart

Appendix C Joint Interview (Guidance)

Appendix D: D 1 - Medical Assessment flow-chart following possible physical abuse. D 2 - Pathway for medical assessment following alleged sexual assault D 3 - Pathway for investigation of induced or fabricated illness Appendix E: What happens during and after an enquiry

Appendix F: Request for Strategy Document

Appendix G: Complex Abuse Protocol

Appendix H: Strategy Discussion Practice pack

Appendix A - Strategy Discussion (Guidance)

Please refer to South West Children Protection Procedures, the Gloucestershire Safeguarding Children Partnership and Working Together 2018 Procedures for further information.

Child Protection - Guidance Notes

1. Whenever there is reasonable to cause to suspect that a child is suffering, or is likely to suffer, significant harm, there should be a Strategy discussion, by meeting or telephone, involving Children’s Social Services, Gloucestershire Police and the appropriate Health professionals relevant to the child and/or family, the referring agency and any other appropriate bodies. This should take place in all instances, including those were the Manager and Social Worker have made a decision in supervision. Where the concern is relating to physical or sexual harm, The Gloucestershire NHS Hospital Trust must be included in the initial strategy discussion.

Note: When there is a disclosure of an allegation of a crime which impacts on a child or young person, an immediate referral must be made for a strategy discussion, to consider initiating or planning whether a Section 47 Investigation is required^2 .. This is in conjunction with any criminal investigation in order to identify the most appropriate action required to be taken to protect and support a child or young person and to preserve potential evidence

2. Concerns for the safety and well-being of a child can be raised at any time during work with children and their families. The Strategy discussion is intended to sup port the ongoing assessment process and evidence concerns if/until an Initial Child Protection Conference is convened.
3. The Strategy discussion should be held within a reasonable timescale based on the presenting need but no longer than 5 working days of the receipt of concerns unless there is concern for immediate and significant harm in the following cases:-

 Serious physical injury/neglect – same day as receipt of concerns  Penetrative sexual abuse – same day if forensic evidence is to be secured  Emergency action by the Police or Children’s Services – within one working day  Child in hospital setting – must take place before child leaves hospital  Complex/organised abuse – maximum five working days unless need to provide immediate protection to a child

The purpose of the strategy discussion is to:

• Share and evaluate all available information and identify gaps.
• Decide whether Section 47 enquiries should be undertaken: including in relation to other children possibly at risk, whether there is a need for medical assessment or treatment and obtaining consent from parents/guardians/carers.

(^2) Children of Family Y SCR finding 2019

Appendix B – Local Strategy Discussion Flowchart

Strategy Discussion/Meeting is convened by LA children’s social care to decide whether to initiate section 47 enquiries. The minimum agencies required to attend are police, health and social work service. Decisions are recorded.

Concerns substantiated but child not likely to suffer significant harm

No further LA involvement at this stage, but other services may be required

Decision to complete assessment under S of the Children Act 1989

Agree plan with family and other professionals. Record decisions

Section 47 enquiries. 10 Working days

Social Worker leads assessment under S47 of the Children Act 1989 and other professionals contribute

Police investigate possible crime

Agree whether child protection conference /HRPM is necessary and record decisions

Yes No

Social Worker leads completion of assessment within 45 working days

Agree plan with family, young person and other professionals. Record decisions

Child not likely to suffer significant harm

Further decisions made about ongoing assessment and service provision according to agreed plan

Follow up strategy if required to include health, police and social care. Completed within 10 working days of the first strategy meeting/discussion

Concerns not substantiated but child is a Child in Need

Concerns substantiated, child likely to suffer from significant harm

Social worker manager convenes child protection conference/HRPM within 15 days of the strategy discussion at which s enquires were initiated

Decisions made and recorded at child protection conference

Child likely to suffer significant harm. CP plan in place.

Appendix C - Joint Interview Guidance:

The criteria for visually recorded interviews with children are laid out in Achieving Best Evidence (ABE) in Criminal Proceedings (Home Office 2002) and should be undertaken by those with specialist training and experience in interviewing children.

The Investigative Interview:

Planning the actual interview with the child must be done by way of a meeting between the two investigating professionals. This should not be done over the telephone.

All interviews will be undertaken in accordance with the guidance contained in ABE. The interview will normally be recorded by way of a DVD recording or a written stateme nt having regard to the age and understanding of the child.

The interview plan will take into account:

• Any special needs of the child including cultural needs
• Who will be the child’s appropriate adult
• The child’s development level (Part 2 - ABE checklist page 17)
• Who should lead the interview: how will both people interviewing interact.
• Who else might be present
• Where the interview will take place and the time frames
• The child’s ability to engage in an interview and their ability to give evidence in court.

Consent of the Child:

Where the child has sufficient understanding, consent must always be obtained from the child and to enable consent to be given, adequate information must be given regarding the purpose of the interview. Refusal of consent must be respected however consent is not necessary from the child (although it unlikely to be practicable or desirable to record an interview with a reluctant or hostile child).

Where a DVD recording is to be made the child must be informed about who may see the interview recording. Following the interview, if it is apparent that a criminal prosecution may follow and that the child will be required as a witness, then both the child and appropriate carers should be fully informed of the implications of such a course of action. At no point must a child, parent(s) or carer(s) be led to believe that the Court will not require the child’s oral evidence.

Parent/ Carer Involvement

In the majority of investigations it is expected that conce rns will be shared with the parents/ carers before the child is seen. As a general rule information should be shared with parents/carers unless to do so would affect the safety and welfare of the child or other children, or be detrimental to the criminal investigation. If a decision is made not to inform the parents/carer the reasons must be recorded.