What Is An Emergency Protection Order & How Does It Work?
There may be certain circumstances which require urgent intervention to protect a child. In these situations, there are a number of emergency protection routes that may be taken either by the police or the Local Authority, including applying for an Emergency Protection Order. Understanding these methods and when they may be used is key to ensuring both the safety of the child affected and your next steps if you have been issued with a notice of an Emergency Protection Order.
Police Powers
In many scenarios, it is the police who first raise concerns about a child’s welfare and instigate the process of seeking emergency protection. Under Section 46(1) of the Children Act 1989, if a police officer has reasonable cause to believe a child is likely to suffer significant harm, they may either:
- Remove the child to suitable accommodation, or
- Take steps to prevent the removal of a child from a hospital, or another place, in which they are being accommodated.
When a police officer intervenes to protect a child under section 46, the child will have been ‘taken into police protection’, under a Police Protection Order (PPO). It is important to note that this is not a formal court order, nor is one required. This power is usually used if it is not practical for the Local Authority to obtain an Emergency Protection Order in time.
Once the police take a child into police protection, the police are required to inform the Local Authority and take all reasonable steps to inform the child’s family, which is anyone who has parental responsibility, or any other person with whom the child was residing.
The PPO will continue for as long as it is necessary, not exceeding 72 hours. During this time, the Local Authority will be assessing their position to obtain an Emergency Protection Order, or to issue care proceedings.
Emergency Protection Order (EPO)
In a situation where concern is not raised by the police but by another party, an Emergency Protection Order (EPO) can be sought to protect a child.
What Is An Emergency Protection Order?
Similar to police powers, an EPO is a form of short-term protection from immediate harm. Once granted by the Court, an Emergency Protection Order gives the Local Authority power to:
- Remove the child to a place of safety, or
- Prevent the removal of a child from a place in which they are currently being accommodated (such as a hospital, for example).
The Local Authority will also have gained limited parental responsibility for the child. This does not impact your parental responsibility as a parent or guardian.
Who Can Make An Emergency Protection Order?
Anyone can apply for an Emergency Protection Order, including the NSPCC. However, it is most commonly the Local Authority that issues the application.
Under Section 44 of the Children Act 1989, once the application is made, the court must be satisfied that:
- There is reasonable cause to believe that the child is likely to suffer significant harm unless they are moved to accommodation provided by, or on behalf of, the applicant, or
- There is a reasonable cause to believe that the child is likely to suffer significant harm if they do not remain in their present accommodation.
Harm is defined as ‘ill-treatment or the impairment of health or development’ including, for example, physical, sexual, psychological/emotional.
How Long Does An Emergency Protection Order Last?
An EPO can last for up to eight days. The Local Authority can request an extension from the Court for a further 7 days (15 days in total) if they have reason to believe that the child is likely to suffer significant harm if the order isn’t extended.
While the Emergency Protection Order is in force, the Local Authority will be assessing its position and may issue care proceedings to apply for an Interim Care Order or Interim Supervision Order.
Who Can Have Contact With A Child Under An Emergency Protection Order?
If you are issued with notice of an Emergency Protection Order, it is important to understand who can and cannot make contact with your child. In some cases, it may be permitted for you to make contact in a supervised setting but only if it is in the child’s best interests. In other cases, the EPO may restrict contact between you and your child until a further hearing or assessment takes place in order to protect the child’s safety and wellbeing.
Next Steps Following An Emergency Protection Order:
Once an EPO is made, there are essentially three ways in which the Local Authority may wish to proceed:
- They may decide to make an application to the court to extend the initial EPO.
- They may decide to issue Care Proceedings and make an application for an Interim Care Order, or Interim Supervision Order.
- They may decide to return the child to the care of the parents or guardian.
Legal Representation & Funding
You are entitled to legal representation if the police have removed your child or you have received notice from the Local Authority that they have issued an urgent Emergency Protection Order Hearing. There are also circumstances in which it is possible to appeal an EPO which a qualified family law solicitor can explain to you.
Representation for an Emergency Protection Order is funded by the Legal Aid Agency. Parents, or those with parental responsibility, are automatically entitled to legal aid without reference to the means and merits tests which are relevant in other legal aid matters.
If your child has been removed from your care, GA Solicitors can provide you with necessary and trusted legal representation. Our family & child law solicitors in Plymouth have wide-ranging experience acting for families in situations where an Emergency Protection Order has been issued and will ensure that you understand your rights and options moving forward. Please contact us by calling 01752 203500 or emailing enquiries@GAsolicitors.com to discuss your situation in confidence and instruct one of our family lawyers.
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