3.5 Section 46 Enquiries and Core Assessment |
RELATED GUIDANCE
Royal College of Paediatrics and Association of Police Surgeons Child Health Guidelines (UK)
Safeguarding Children: Guidance on Children as Victims and Witnesses (UK)
AMENDMENT
Please note: in December 2012 changes have been made to procedures regarding the Forensic Examination in Suspected Sexual Abuse in Children.
Contents
1. Legal Mandate
1.1 | Children in Need of Immediate Protection before Fully Assessing Risk of Harm, Statutory Framework, confers a duty on Social Services that where a child is:
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1.2 | The Department shall make or cause to be made necessary enquiries to decide whether they should take any action to safeguard or promote the child’s welfare. |
1.3 | Where enquiries are being made Social Services should:
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1.4 | The relevant manager in Social Services must ensure that Section 46 Enquiries are initiated when:
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1.5 | Once it has been decided that a Section 46 Enquiry is required, the manager should ensure that:
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2. Section 46 Enquiries and Associated Police Investigations
2.1 |
Overview |
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2.1.1 | Significant Harm to children gives rise to both child welfare concerns and law enforcement concerns. Section 46 Enquiries may therefore run concurrently with Police investigations concerning possible associated crime(s). | |
2.1.2 | When joint enquiries take place, the Police have the lead for the criminal investigation, and Social Services have the lead for the Section 46 Enquiry and the child’s welfare. | |
2.1.3 | The Strategy Meeting or Discussion must agree that single agency enquiries by Social Services are appropriate. | |
2.1.4 | All Section 46 Enquiries must conclude with an analysis of information and a decision regarding risk to the child. This must be recorded. |
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2.2 |
Joint Agency Enquiries |
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2.2.1 | Joint enquiries are those jointly conducted by Social Services and the Police. | |
2.2.2 | A joint enquiry must always take place when there is an allegation or reasonable suspicion that one of the criminal offences below has been committed:
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2.2.3 | No agency should take any independent action in situations where there is an allegation or reasonable suspicion that one of the criminal offences above has been committed. Doing so could place a child at increased risk and compromise a criminal investigation. | |
2.2.4 | A joint enquiry must be considered in cases of:
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2.2.5 | For other cases of minor injury the following factors (where known) must be considered in determining the seriousness of the allegation or concern and, therefore, whether the threshold for a joint investigation has been met:
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2.3 |
Social Services Single Agency Enquiries |
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2.3.1 | The criteria for single agency enquiries are where the available evidence suggests:
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2.3.2 | 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. |
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2.4 |
Police Single Agency Enquiries |
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2.4.1 | These will usually be appropriate where:
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2.4.2 | 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 this occurs, Social Services must be informed as soon as possible and a joint enquiry commenced, if appropriate. |
3. Core Assessment
3.1 | The Core Assessment is the means by which a Section 46 Enquiry is carried out. It is based on the Framework for Assessment of Children in Need and their Families and assists the analysis of risk, harm and need. |
3.2 | The objective of the Section 46 Assessment is to determine whether action is required to protect and safeguard the child or children who are the subject of the enquiries. |
3.3 | Social Services have lead responsibility for the Core Assessment. However, all agencies which have relevant information should assist the social worker throughout the assessment process. |
3.4 | The Core Assessment should be led by a qualified and experienced social worker and all workers undertaking Section 46 Enquiries should have specialist training and experience in interviewing children. |
3.5 | The assessment should be completed within 35 days of the decision to undertake a Core Assessment. This will not be within the timescale of an Initial Child Protection Conference if one is required. Where it has been decided to hold a conference, sufficient progress should have been made with the Core Assessment to enable the conference to make a reasoned decision about the needs of the child(ren). |
3.6 | The Core Assessment process /Section 46 Enquiries should always:
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3.7 | In the event of parents choosing not to co-operate with the Section 46 Enquiry – but concerns about the child’s safety are not so urgent as to require an Emergency Protection Order – Social Services may apply to court for a Child Assessment Order. In these circumstances, the court may direct the parents/care givers to co-operate with an assessment of the child, the details of which should be specified. The Order does not take away the child’s own right to refuse to participate in an assessment (for example, a medical examination) so long as he or she is of sufficient age and understanding. |
4. Medical Assessments
4.1 |
Overview |
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4.1.1 | The first consideration should be whether the child needs urgent medical attention, in which case they should be taken to the Accident & Emergency Department. | |
4.1.2 | When the medical examination takes place out of the area, the Strategy Discussion/Meeting should ensure the medical report is available. | |
4.1.3 | In other circumstances the Strategy Discussion/Meeting will ensure that the need and timing of a medical assessment is agreed with the appropriate paediatrician. | |
4.1.4 | A medical assessment should always be considered when there is disclosure or suspicion of any form of Physical Abuse, Sexual Abuse or Neglect. Additional considerations are the need to:
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4.1.5 | For more information see the Multi Agency Referral Pathway for Forensic Examination in Suspected Sexual Abuse in Children in Isle of Man. This pathway refers to any form of suspected sexual abuse (i.e. acute sexual abuse/rape or chronic/historical sexual abuse). It serves as a quick reference, but must be read in conjunction with these Procedures. | |
4.1.6 | 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). |
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4.2 |
Consent for Medical Examination or Medical Treatment |
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4.2.1 | The following may give consent to a medical examination:
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4.2.2 | A child who is of sufficient age and understanding may refuse some or all of the medical examination though refusal can potentially be overridden by the court. | |
4.2.3 | Wherever possible the permission of a parent for a child under 16 should be obtained prior to any medical examination and/or other medical treatment even if the child is judged to be of sufficient understanding. If this is not possible or appropriate, then the reasons should be clearly recorded. | |
4.2.4 | Where circumstances do not allow permission to be obtained and the child needs emergency treatment then the medical practitioner may:
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4.2.5 | In these circumstances parents must be informed as soon as possible and a full record made at the time. | |
4.2.6 | In non-emergency situations when parental permission is not obtained, the social worker and their line manager must consider whether it is in the child’s best interest to seek a court order. |
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4.3 |
The Process of Medical Examination |
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4.3.1 | In the course of Section 46 Enquiries, appropriately trained and experienced practitioners must undertake all child protection medical examinations. | |
4.3.2 | Only doctors may physically examine the whole child, but other staff must note any visible marks or injuries on a body map and document details in their recording. | |
4.3.3 | 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. In urgent situations, the child should be taken straight to Accident & Emergency. | |
4.3.4 | In planning the examination, the social worker, the police officer, their managers and the relevant doctor must consider whether it might be necessary to take photographic evidence for use in care proceedings or criminal proceedings. Where such arrangements are necessary, the child and parents must be informed and prepared and careful consideration given to the impact on the child. | |
4.3.5 | The social worker should (unless this would cause undue delay) consult parents or a child of sufficient age and understanding about the gender of the medical practitioner prior to the examination being conducted. However, no guarantees about this can be given, and it should not be given undue emphasis. It is most relevant to older children when examination for sexual abuse is needed. | |
4.3.6 | In cases of severe neglect, physical injury or recent penetrative sexual abuse where there is a possibility of forensic evidence being available, the examination should be undertaken on the day of referral, giving due consideration to the welfare of the child. | |
4.3.7 | In non-acute sexual abuse, less severe neglect, emotional abuse and some cases of minor physical injury (in the latter, only after consultation with a paediatrician), examination should take place as a planned appointment, not necessarily on that day. 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. | |
4.3.8 | In all cases of suspected sexual abuse an appropriate examination should be carried out in accordance with best practice in order to secure forensic evidence. GPs must not perform a detailed examination. In such cases:
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4.4 |
Recording the Medical Examination |
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4.4.1 | The paediatrician must agree with the referrer an appropriate timescale for the provision of an initial report. This must be provided to the social worker, police officer (if involved) and GP. In most cases, it will be appropriate to provide at least an initial report within 24 hours, to be followed up by a more detailed report as soon as practicable. In some cases, further investigation or assessment may mean it takes longer to provide a definitive opinion. | |
4.4.2 | Where medical examination is carried out off-Island, the appropriate off-Island protocols should be followed. | |
4.4.3 | Disclosure to the parents of the information contained in the report should be agreed in consultation with the social worker and police officer. | |
4.4.4 | The report should include:
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4.4.5 | All reports and diagrams should be signed and dated by the doctor undertaking the examination. |
5. Section 46 Enquiries and Police Investigative Interviews
5.1 | The Strategy Meeting will have decided who needs to be interviewed and who will conduct the interview(s). |
5.2 | Visually recorded interviews will be conducted in accordance with the guidance set out in Achieving Best Evidence: Guidance on Interviewing Victims and Witnesses and Guidance on using Special Measures (UK). |
5.3 | Where a child is deemed to be particularly vulnerable and/or has a communication difficulty, consideration should always be given as to whether an intermediary should be involved at the early stages of the investigative process. |
5.4 | The Police will be primarily responsible for interviewing the alleged perpetrator(s). They must keep Social Services informed about the progress of the investigation in order to ensure that the child remains adequately protected once the alleged perpetrator hears the allegations against them or if, having been charged with the offence, they are subsequently released on bail. |
6. Action following Section 46 Enquiries
6.1 |
Outcomes |
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6.1.1 | Section 46 enquiries will result in one of the following outcomes:
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6.2 |
Action where Concerns NOT Substantiated |
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6.2.1 | Where concerns about the child being at risk of or suffering Significant Harm are not substantiated:
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6.3 |
Concerns are Substantiated but Child NOT at Risk of Significant Harm |
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6.3.1 | Where concerns are substantiated, but an analysis of evidence obtained through Section 46 Enquiries supports a judgement that the child is not at continuing risk of Significant Harm, a Child Protection Conference may not be required. | |
6.3.2 | Additionally, a Child Protection Conference may not be required in the following circumstances:
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6.4 |
Concerns Substantiated and Child at Risk of Significant Harm |
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6.4.1 | Where concerns are substantiated and the child is judged to be at continuing risk of Significant Harm:
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6.4.2 | Feedback on all child protection enquiries, whatever their outcome, will be provided by the social worker to:
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7. Practice Guidance
7.1 |
Communicating with Children through the Process |
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7.1.1 | Communicating with children is an essential part of the enquiry process. | |
7.1.2 | Where a crime is thought to have been committed, the guidance on investigative interviewing is set out in Achieving Best Evidence: Guidance on Interviewing Victims and Witnesses and Guidance on using Special Measures (UK). Where possible such interviews should be conducted by ABE trained and accredited staff. | |
7.1.3 | Jones (Jones, D., 2003 Communicating with Vulnerable Children, London: Gaskell) on behalf of the Department of Health reviewed the research evidence and implications for best practice where an investigative interview is not required but an in-depth interview is needed with a child as part of a Core Assessment/Section 46 Enquiry. Below is a summary of some of the key findings. It is recommended that all practitioners undertaking such interviews should consult the main text. | |
7.2 | Summary of the principal implications from research for practitioners undertaking in-depth interviews
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Appendix 1: SCB Multi Agency Referral Pathway for Forensic Examination in Suspected Sexual Abuse in Children in Isle of Man
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