Duty to make enquiries on reasonable cause: CA 1989 s. 47
CA 1989 s. 47: local authority must make enquiries on reasonable cause to suspect a child is suffering or likely to suffer significant harm.
Official text
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CA 1989 s. 47 — United Kingdom
Where a local authority— are informed that a child who lives, or is found, in their area— is the subject of an emergency protection order; or is in police protection; ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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, the authority shall make, or cause to be made, such enquiries as they consider necessary to enable them to decide whether they should take any action to safeguard or promote the child’s welfare. .... Where a local authority have obtained an emergency protection order with respect to a child, they shall make, or cause to be made, such enquiries as they consider necessary to enable them to decide what action they should take to safeguard or promote the child’s welfare. The enquiries shall, in particular, be directed towards establishing— whether the authority should— make any application to court under this Act; exercise any of their other powers under this Act; exercise any of their powers under section 11 of the Crime and Disorder Act 1998 (child safety orders); or (where the authority is a local authority in Wales) exercise any of their powers under the Social Services and Well-being (Wales) Act 2014; with respect to the child; whether, in the case of a child— with respect to whom an emergency protection order has been made; and who is not in accommodation provided by or on behalf of the authority, it would be in the child’s best interests (while an emergency protection order remains in force) for him to be in such accommodation; and whether, in the case of a child who has been taken into police protection, it would be in the child’s best interests for the authority to ask for an application to be made under section 46(7). Where enquiries are being made under subsection (1) with respect to a child, the local authority concerned shall (with a view to enabling them to determine what action, if any, to take with respect to him) take such steps as are reasonably practicable— to obtain access to him; or to ensure that access to him is obtained, on their behalf, by a person authorised by them for the purpose, unless they are satisfied that they already have sufficient information with respect to him. Where, as a result of any such enquiries, it appears to the authority that there are matters connected with the child’s education which should be investigated, they shall consult the local authority (as defined in section 579(1) of the Education 1996), if different, specified in subsection (5ZA). The local authority referred to in subsection (5) is— the local authority who — maintain any school at which the child is a pupil, or make arrangements for the provision of education for the child otherwise than at school pursuant to section 19 or 19A of the Education Act 1996, or in a case where the child is a pupil at a school which is not maintained by a local authority, the local authority in whose area the school is situated. For the purposes of making a determination under this section as to the action to be taken with respect to a child, a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare— ascertain the child’s wishes and feelings regarding the action to be taken with respect to him; and give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as they have been able to ascertain. Where, in the course of enquiries made under this section— any officer of the local authority concerned; or any person authorised by the authority to act on their behalf in connection with those enquiries— is refused access to the child concerned; or is denied information as to his whereabouts, the authority shall apply for an emergency protection order, a child assessment order, a care order or a supervision order with respect to the child unless they are satisfied that his welfare can be satisfactorily safeguarded without their doing so. If, on the conclusion of any enquiries or review made under this section, the authority decide not to apply for an emergency protection order, a child assessment order, a care order or a supervision order they shall— consider whether it would be appropriate to review the case at a later date; and if they decide that it would be, determine the date on which that review is to begin. Where, as a result of complying with this section, a local authority conclude that they should take action to safeguard or promote the child’s welfare they shall take that action (so far as it is both within their power and reasonably practicable for them to do so). Where a local authority are conducting enquiries under this section, it shall be the duty of any person mentioned in subsection (11) to assist them with those enquiries (in particular by providing relevant information and advice) if called upon by the authority to do so. Subsection (9) does not oblige any person to assist a local authority where doing so would be unreasonable in all the circumstances of the case. The persons are— any local authority; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . any local housing authority; NHS England ; any integrated care board, Local Health Board , Special Health Authority ... , National Health Service trust or NHS foundation trust ; and any person authorised by the Secretary of State for the purposes of this section. Where a local authority are making enquiries under this section with respect to a child who appears to them to be ordinarily resident within the area of another authority, they shall consult that other authority, who may undertake the necessary enquiries in their place.
Section 47 is the source of what families call a section 47 enquiry. Where a local authority is informed that a child living or found in its area is subject to an emergency protection order or in police protection, or has reasonable cause to suspect that such a child is suffering or is likely to suffer significant harm, it "shall" make or cause to be made such enquiries as it considers necessary to decide whether it should take any action to safeguard or promote the child's welfare. The trigger is suspicion on reasonable cause, not proof, and the duty is mandatory once it is met.
Subsection (3) directs what the enquiries are for: establishing whether the authority should apply to court under the Act, or use its other powers, and whether a child subject to an emergency protection order should be in accommodation provided by the authority. Subsection (4) requires the authority to take reasonably practicable steps to obtain access to the child, unless it is satisfied it already has sufficient information. Subsection (5A) requires the child's wishes and feelings to be ascertained and given due consideration, having regard to age and understanding, so far as reasonably practicable and consistent with their welfare.
Subsection (6) is the consequence of refusing to cooperate: where the authority or a person authorised by it is refused access to the child, or denied information about the child's whereabouts, the authority "shall" apply for an emergency protection order, a child assessment order, a care order or a supervision order - unless satisfied that the child's welfare can be satisfactorily safeguarded without doing so. Subsections (9) to (11) place a duty on other bodies - other local authorities, housing authorities, NHS England, integrated care boards and NHS trusts - to assist with enquiries if called on, unless doing so would be unreasonable in all the circumstances.
When it applies
A referral to children's services after a report from a school or a hospital.
A parent asked to agree to a social worker seeing the child alone.
A family deciding whether to allow access during enquiries and what follows if they refuse.
A school or GP asked to provide information to a section 47 enquiry.
An enquiry that concludes without any application to court.
What this section does not say
×It does not give a power to remove a child. Removal requires an order - an emergency protection order under section 44, an interim care order under section 38 - or police protection under section 46.
×It does not require proof of harm to start. Reasonable cause to suspect is the trigger.
×It does not oblige a family to cooperate, but subsection (6) requires the authority to apply to court if access is refused, unless welfare can be safeguarded without it.
×It does not decide whether harm occurred. It is a duty to enquire, and any findings are made by a court in later proceedings.
×It does not create a duty on private individuals to assist. The duty in subsection (9) falls on the listed public bodies.
Worked examples
Invented situations, written to show how the wording bites. They are not real cases, not judgments and not precedent, and nothing here predicts what would happen in yours.
Illustrative example
A school makes a referral to children's services. A social worker has been to the house twice and has asked to see the child alone. The parents want to know what they are actually required to allow.
How the wording applies
The duty to enquire is triggered by reasonable cause to suspect that a child is suffering or is likely to suffer significant harm - suspicion, not proof - and once triggered it is mandatory. Subsection (4) requires the authority to take reasonably practicable steps to obtain access to the child. The fact that decides what follows a refusal is subsection (6): the authority must apply to the court unless satisfied the child's welfare can be safeguarded without doing so, so a refusal moves the decision to a judge rather than ending it.
How the parties settled it
The parents agree to the social worker seeing the child at school with a familiar staff member present, and ask for the enquiry's questions in writing beforehand so both parents can answer consistently.
Illustrative example
Separated parents disagree about how to respond to an enquiry. One wants to cooperate fully; the other believes the referral came from the first and wants to say nothing.
How the wording applies
Section 47 is a duty to enquire and to decide what action to take, not a power to remove a child - removal requires an order under section 44 or 38, or police protection under section 46. Subsection (5A) requires the child's own wishes and feelings to be ascertained and given due consideration. The fact that usually matters most to parents in this position is that the enquiry makes no findings: whether harm occurred is decided by a court in later proceedings, if there are any.
How the parties settled it
Both parents agree to answer the enquiry separately but factually, not to question the child about it, and to exchange copies of anything they send so neither is surprised by the other's account.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of CA 1989 s. 47 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.