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Emergency Protection Orders

An Emergency Protection Order is something that Children's Services can request from the Court if they believe that a child is in danger.

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If you or a loved one is in immediate danger, Forbes Solicitors can help obtain an Emergency Protection Order. Our specialist EPO solicitors can provide urgent assistance to protect you and your family.

What is an Emergency Protection Order (EPO)?

An emergency protection order (EPO) is a court order that provides immediate protection for a child who is considered to be at risk of harm. An EPO can be granted if the court believes that a child needs to be removed from their home or placed in the care of a local authority on a temporary basis. An EPO can be a vital tool in protecting children in emergency situations.

An Emergency Protection Order (EPO) can be requested by Children's Services from the Court if they believe a child faces imminent or ongoing danger of physical, mental or emotional harm. They usually last for a maximum of eight days.

In some situations, the Police or the NSPCC may also apply, depending on the circumstances. An EPO will be put in place by the local authority for a short term period if they believe it will safeguard the child. If an EPO is granted by the Court, Children's Services then have some degree of Parental Responsibility for the child, such as:

The right to remove the child from the parent(s) and take the child into their care
The right to prevent the child from returning to the care of the parent(s)
The right to see the child, even if the parent(s) refuses to cooperate
The right to make an Exclusion Requirement - i.e. preventing the person whom they believe to be a significant risk to the child from living in the same household or seeing them

When can an EPO be made?

An Emergency Protection Order (EPO) can be made by a court if there is reasonable cause to believe that a child is at risk of significant harm and immediate protection is required. The order can be made without notice to the parents or guardians and can last for up to eight days. The purpose of an EPO is to provide temporary protection for the child while further assessments and investigations are carried out.

An Emergency Protection Order can be applied for by anyone, however the majority of applications come from either the local authority, the Police or the NSPCC. In order for the EPO to be justified, the Court needs to be satisfied that there is reasonable cause to believe the child is at risk of immediate harm. As a result, the child will either be placed into accommodation provided by Children's Services, or will remain where he/she currently is, if it is understood to be safe (i.e. hospital).

Who can remove my child from my care?

Only the local authority or the police have the power to remove a child from their parent's care if they believe the child is at risk of harm or neglect. This can be done through a court order or an emergency protection order. Parents can also voluntarily place their child in the care of the local authority.

If an Emergency Protection Order is granted by the Court, they may give the local authority permission to enter a residence to search for the child. The Court is also able to issue a Police warrant to enable them to support Children's Services if the parent(s) refuses entry or access to the child. Although this may seem severe and can be traumatic for the family, an EPO is only granted with the child's best interests at heart. If a child is thought to be at risk, in imminent danger or their life is under threat, they will be removed from the parent(s).

It is a criminal offence to prevent someone from removing a child if an EPO has been granted. Furthermore, Children's Services are able to ask the Court for an Order allowing them to search the location for an additional child (or children) if they believe there is more than one child there. If the additional child (or children) is found in the same location, Children's Services have the right to remove them immediately if the conditions for making an EPO are accurate.

How long does an EPO last?

An Emergency Protection Order lasts for eight days, however it can be extended in some circumstances in order to maintain the child's safety.

Can I contact my child if an EPO is made?

If an Emergency Protection Order (EPO) is made, the local authority will have temporary custody of the child and will decide whether contact with the child's parents or guardians is appropriate. The local authority may allow contact if it is in the best interests of the child, but they may also restrict or prohibit contact if they believe it could harm the child. It is important to follow the guidance of the local authority and seek legal advice if necessary.

Can I appeal against an EPO?

You have the right to apply to discharge the Emergency Protection Order within 72 hours of it being granted by the Court. However, this will only be valid if you were not present at the hearing, or if you were not given notice of the hearing. Prior to the hearing, if it was believed by Children's Services that the child was at risk or in immediate danger, they have the right to apply for an EPO without giving notice to the parent(s).

If Children's Services has become involved with your family, you can speak in confidence to our team of understanding and compassionate solicitors who will be able to offer legal advice or even represent you in Court.

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FAQs

Who can apply for an Emergency Protection Order?

An Emergency Protection Order can be applied for by a local authority or a police officer if they believe that a child is at risk of significant harm and immediate action is required to protect them. The order can also be applied for by any person with the permission of the court.

What are the grounds for obtaining an Emergency Protection Order?

An Emergency Protection Order (EPO) can be obtained if a child is believed to be at risk of significant harm and immediate action is required to protect them. The grounds for obtaining an EPO include concerns about physical, emotional, or sexual abuse, neglect, or exposure to domestic violence. The order can be granted by a court and allows the local authority to remove the child from their home and place them in temporary accommodation or with a relative or foster carer.

What happens if an Emergency Protection Order is breached?

If an Emergency Protection Order is breached, the person who breached it may be arrested and charged with a criminal offence. The penalty for breaching an Emergency Protection Order can include imprisonment, a fine, or both. The court may also extend the order or make a new order to protect the victim.

Can an Emergency Protection Order be challenged or appealed?

Yes, an Emergency Protection Order can be challenged or appealed. The person affected by the order can apply to the court to have it discharged or varied. They can also appeal against the order to a higher court. The grounds for challenging or appealing an Emergency Protection Order include procedural irregularities, lack of evidence, and failure to consider the child's welfare.

What is the process for obtaining an Emergency Protection Order?

To obtain an Emergency Protection Order an application must be made to the court by a local authority or the police. The application must demonstrate that there is a risk of significant harm to a child and that an order is necessary to protect the child. The court will consider the evidence presented and may grant the order, which can last for up to eight days. The order can be extended if necessary.

What happens after an Emergency Protection Order is granted?

After an Emergency Protection Order is granted, the local authority will take the child into their care and provide them with accommodation and support. The order will last for up to eight days, during which time the local authority will assess the child's needs and decide whether to apply for a longer-term care order. The parents or guardians will be informed of the order and can challenge it in court if they wish.

Can an Emergency Protection Order be extended?

Yes, an Emergency Protection Order can be extended for up to a maximum of 8 days by the court. However, any further extension beyond 8 days requires the court to hold a hearing and consider the evidence presented before making a decision. This is in accordance with the Children Act 1989.

What are the consequences of an Emergency Protection Order on the family involved?

An Emergency Protection Order (EPO) is a temporary order that can be issued by a court to protect a child from harm or risk of harm. The consequences of an EPO on the family involved can be significant, as it can result in the child being removed from their home and placed in the care of the local authority. The parents may also be required to comply with certain conditions, such as attending parenting classes or undergoing drug testing. The EPO can last for up to 8 days, during which time the local authority will assess the situation and decide whether further action is necessary.