Under S.44 of the Children Act 1989, the Local Authority can issue an application to the Family Court for an Emergency Protection Order in order to provide immediate short-term protection to a child. If granted, an Emergency Protection Order would give the Local Authority parental responsibility for the child. This would be a corporate parental responsibility that would be shared with the parents of the child. The Emergency Protection Order would give the Local Authority permission to remove the child from the parents care temporarily.
An Emergency Protection Order can be made for a maximum of 8 days, with a possible extension of up to a further 7 days, to a maximum of 15 days. Extensions will only be granted by the Court if the Court has reasonable cause to believe the child is likely to suffer significant harm if the order was not extended.
When considering whether to make the order, the Court will need to be satisfied that there is reasonable cause to believe the child is likely to suffer significant harm. The Court must also be satisfied that it is necessary and proportionate to make the order.
Notice will usually be provided ahead of any application for an EPO, however the Local Authority can request an emergency hearing the same day if it is an absolute emergency.
We have a dedicated Public Law Family Team who will be able to advise you throughout the process, if you require any further assistance then please contact a member of our team.
