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If a child is suffering from a serious injury, medical attention must be sought immediately from the Emergency department of the local hospital and a referral made to Children’s Social Care/the Police as soon as practically possible. The duty consultant paediatrician must be informed about the referred concerns.
Except in cases where emergency treatment is needed, the social worker and the police are responsible for arranging any medical examinations required as part of child protection enquiries.
Where there is a risk to the life of a child or a likelihood of immediate harm, Children’s Social Care and/or the police must act quickly to secure the child’s immediate safety. All actions taken must be accurately recorded. Consideration must always be given to whether action is required to protect:
- other children in the same household e.g. siblings,
- children in the household of an alleged perpetrator,
- children in direct contact with the alleged perpetrator in other contexts
Planned emergency action will normally take place following a strategy discussion between the Police, Children’s Social Care and Health. Where a single agency has to act immediately to protect a child, a strategy discussion must follow as soon as possible to plan next steps.
Ref:
Working Together 2010 Chapter 5 Para 5.51 – 5.52
Good Practice Guidance:-
Securing the child’s safety
A child’s safety may be secured through a number of actions or agreements between parties, which may include:
- a parent taking action to remove an alleged perpetrator through application to the courts under the Family Law Act 1996 or through application for a Residence Order where the alleged perpetrator has parental responsibility.
- the police arresting the alleged perpetrator and bailing him/her to an alternative address where there are no children under 18 years
- the alleged perpetrator agreeing to leave the home
- the non-abusing parent/carer staying in a safe place with the children
- ensuring that the child remains in a safe place e.g. a hospital, or is removed to a safe place, either on a voluntary basis or by obtaining an emergency protection order or using powers of Police Protection. If a child remains in hospital or is removed to a safe place it is essential that risks to the child continue to be identified and that staff responsible for the child in hospital or placement are informed who can remain with or visit the child.
If a child needs to be removed, or there is an intention for an application to be made for any exclusion orders under the Family Law Act 1996, the social worker must consult with Legal Services, including during out of hours if arrangements are in place for this to happen. If the child is to be removed, and the family is not consenting to the removal, Children’s Social Care should wherever possible – and unless the child’s safety is at immediate risk – apply for an emergency protection order/initiate care proceedings. Police powers should only be used in exceptional circumstances where there is insufficient time to seek an emergency protection order or to initiate care proceedings, or for reasons relating to the immediate safety of the child.
An Emergency Protection Order lasts up to 8 days. Application should be made to the court or a single magistrate when there is an urgent need for protective action. The reasons for the decision to apply for the order should be clearly recorded. An Emergency Protection Order also needs to specify the directions for the medical examination;
Police Powers -The police are empowered to take a child into police protection in an emergency for a period of up to 72 hours.
Where an Emergency Protection Order has been obtained, or Police Protection Powers have been used, a decision has to be made urgently whether to initiate care or other proceedings. Children’s Social Care will decide this in consultation with Legal Services and the other agencies involved.
Factors to consider in deciding if a child can remain safely at home:
- The social worker is satisfied that the parent/carer fully understands the concerns and is able to co-operate fully in ensuring the child’s safety
- The social worker is satisfied the child will be safe from family pressure to retract any disclosure.
- The non-abusing parent/carer can guarantee no contact by the alleged perpetrator with the child will take place.
- If the child has disclosed sexual abuse the non-abusing parent/carer believes the child.
- Where there has been no disclosure the non-abusing parent/carer accepts the validity of the social worker’s concerns
