Engaging Police to support Social Workers
Case reference FOI2024/01480
Received 5 September 2024
Published 25 September 2024
Request
Q1. So what powers do Herefordshire Council believe they have for engaging Police to support Social Workers?
Q2. Which of these powers require judicial approval for Police to lawfully support Social Worker gaining access to the property?
Q3. Which of these powers don’t and are only direct calls for Police to support Social Worker gaining access to the property?
Q4. Each time Police are engaged to support Social Workers is a record logged and is each scrutinised to ensure against overreach and unlawful action?
Response
Q1. So what powers do Herefordshire Council believe they have for engaging Police to support Social Workers?
A: Working Together 2023 sets out the remit to multi-agency working to protect children. Details of this can be found here: Working together to safeguard children 2023: statutory guidance (publishing.service.gov.uk)Working together to safeguard children 2023: statutory guidance (publishing.service.gov.uk)
Q2. Which of these powers require judicial approval for Police to lawfully support Social Worker gaining access to the property?
A: This is also detailed in the above Working Together 2023 document. S47 of the Children Act 89 states where there are child protection concerns and an assessment is required. The police are required to assist Children’s Services and will do so under certain circumstances, for example, where there are concerns about violence. A strategy meeting will be held beforehand to plan the investigation. S46 of the Children Act relates to police protection powers where there is reasonable cause to believe a child/children are at risk of significant harm and removal is required to protect the child from harm.
This is only if the child cannot remain safely in the care of their parent/carer and is only effective for 72 hours. Under S44 of the Children Act 89 an Emergency Protection Order can be applied for if there are concerns that a child/children are in imminent danger. This can only be granted by a Court. Police can do this under their own powers, more details are available at Police powers of protection and Emergency Protection Orders - childlawadvice.org.uk
Q3. Which of these powers don’t and are only direct calls for Police to support Social Worker gaining access to the property?
A: Please see the above referenced Working Together 2023 document.
Q4. Each time Police are engaged to support Social Workers is a record logged and is each scrutinised to ensure against overreach and unlawful action?
A: This cannot be answered by Herefordshire Council and would need to be directed to the Police. Details of how to do this can be found here: Freedom of Information (FOI) | Police.uk (www.police.uk)
Documents
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