An Emergency Protection Order (EPO) is a short term court order that allows the local authority to take immediate steps to ensure the safety of a child who is at risk of significant harm, This allows the child to be removed from their home.

When do the local authority request an Emergency Protection Order?

The local authority will apply to the court for an EPO under section 44 of the Children Act 1989. It is used when a child is at immediate risk of significant harm and immediately removing them is the best way to secure their safety. The court will only approve an EPO if it is satisfied that it is both necessary and proportionate and that nothing else will promote the welfare of the child.  The court will only approve the separation of a  child from their family when ‘imminent danger’ has actually been established. 

What happens if an Emergency Protection Order is made for a child?

The EPO gives the local authority the legal authority to remove a child from their residence, including a hospital, to take them to alternative accommodation. The accommodation is usually provided by, or for, the local authority.  It can also include a child being placed with extended family members.

The making of an emergency protection order gives the local authority parental responsibility for the child, but they can only use the parental responsibility in limited situations. The child’s parent keeps parental responsibility even when they’re removed.

How long does an Emergency Protection Order last for?

An EPO can be up to eight days initially and then extended for another seven days.

The Court will only extend the EPO if it satisfied that there the child will continue to  suffer significant harm if it’s not extended.

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

When an EPO is granted, the local authority must allow reasonable contact between a child and their parents, anyone who has parental responsibility for the child or was caring for the child before the order was granted.

An EPO may restrict all contact between you and your child until a court hearing happens. This is only done though if they believe that contact between you will cause harm to your child. It’s only done in high risk situations.

When contact is permitted it will probably be supervised and take place at a local children’s contact centre. Children’s centres are safe spaces, where contact can be supported, for parents and children to spend time together during challenging times.

Can I challenge an Emergency Protection Order?

An EPO can’t be challenged or appealed. In some situations you can ask for the EPO to be discharged if you weren’t informed of or present at the hearing. This must be done within 72 hours.

The court can grant an EPO without parents being given notice of the application if the court considers it essential to secure the child’s safety. 

Can I get legal aid for an Emergency Protection Order?

Legal aid is available to parents whose child has been removed under an EPO. Our solicitors are legal aid solicitors and will make the application on your behalf.

What happens once an Emergency Protection Order is made?

After an EPO is made, the local authority will have to either:

• Make an application to extend the EPO.
• Start care proceedings and apply for an interim care order.
• Return the child to their parents or carers.

Contact a Specialist Care Proceedings Solicitor

If your child has been removed under an EPO it’s really important to get legal advice early. We represent parents and children who have been subject to an EPO and can help guide you through the process, whether that’s a dismissal of the EPO or navigating care proceedings.

Call our team today on 0800 138 0450 or use the form below to get in touch.