Emergency Protection Orders

Who can apply for an Emergency Protection Order?

An application for an Emergency Protection Order can be made by anyone who believes that a child is in danger. Most of such applications are usually made by the Local Authority and are done so on short notice. If you have been notified of such an application in respect of your child, it is vital that you seek legal advice immediately.

Such orders last for a short period of time (~8 days), to allow the local authority to investigate matters further prior to making an informed decision about the child or children in question. This period can be extended if the Local Authority are unable to make a decision in time.

If an Emergency Protection Order 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

Parents or Guardians of a child are provided with one days' notice of an application for an Emergency Protection Order. However, in some circumstances and depending on the severity of an issue, such as a threat to life, this notice period is waived.

Granting of an Emergency Protection Order

If an Emergency Protection Order is granted to the Local Authority, they are given explicit permission to enter premises such as a home, hospital, or school and either search for a child or remove them. Upon issuing of such a 'warrant' the local police can be called to support social services in retrieving a child, especially in cases where parents or guardians refuse access or become violent.

It is a criminal offence to intervene with the removal of such a child by the local authority, who are carrying out their duties under a formal order. It is vital that parents and guardian understand that they are not permitted to restrict the local authority in doing their job even if they believe that they are incorrect.

Can I contact my child if an Emergency Protection Order is made?

The Courts understand the importance of maintaining some form of semblance to a child's routine and will use its best endeavours to allow reasonable contact with the parent. Such contact will be supervised by the child's Social Worker.

Can I appeal against an Emergency Protection Order?

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.

Why choose Westridge Legal?

Our team of family lawyers are aware of the sensitivity and complexity involved in emergency protection orders. We understand that every individual requires different care and are here to support you.

Our highly experienced lawyers will guide and support you every step of the way to ensure that the best outcome is achieved with minimal disruption to your life.

If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.