Frank Field – 2016 Parliamentary Question to the Department for Education
The below Parliamentary question was asked by Frank Field on 2016-01-13.
To ask the Secretary of State for Education, if her Department will commission research on the (a) reasons for and (b) effects of the different thresholds for investigations to be initiated under section 17 and section 47 of the Children Act 1989.
Edward Timpson
Sections 17 and 47 of the Children Act 1989 have different purposes. Section 17 defines a child as being “in need” if they are unlikely to achieve or maintain a reasonable standard of health or development without the provision of services by the local authority, or their health and development are likely to be impaired (or further impaired), without the provision of such services, or they are disabled. Under this section, local authorities are required to provide a range and level of services appropriate to those children’s needs.
Section 47 places a duty on local authorities to make enquiries to decide whether and what action should be taken to safeguard the child from “significant harm”. This is the point at which compulsory intervention in a child’s life is justified.
Each local authority will interpret the definitions at Section 17 and Section 47 and set local thresholds, agreed by Local Safeguarding Children Boards, through their statutory function under the Children Act 2004, in discussion with all partners. This function is set out in Regulation 5 of the Local Safeguarding Children Boards Regulations 2006, as follows:
1(a) developing policies and procedures for safeguarding and promoting the welfare of children in the area of the authority, including policies and procedures in relation to:
(i) the action to be taken where there are concerns about a child’s safety or welfare, including thresholds for intervention;
This is also set out in the Working Together to Safeguard Children, 2015 statutory guidance. Ofsted looks at thresholds as part of its inspection process and considers whether the levels set locally are appropriate. It expects good Local Safeguarding Children Boards to monitor and understand the application of thresholds locally.
