Child Care Solicitors

Protecting children from harm is one of society’s most profound responsibilities. When a child’s safety is at immediate risk, emergency child protection orders serve as vital legal instruments for intervention. These court-issued mandates ensure the immediate safety of vulnerable children, offering a temporary but critical shield from harm while authorities assess the situation and plan for long-term solutions.

An Emergency Protection Order (EPO) allows a child to be either removed from their home or remain within their current environment if it ensures their safety. These measures are only granted by the court when there are reasonable grounds to believe that the child is at risk of suffering significant harm if:

1. The child is not removed to accommodation provided by the Applicant;
2. The child does not remain in the place in which the child is being accommodated;
3. Section 47 enquires are being frustrated by unreasonable refusal of access to the child and the Local Authority has reasonable cause to believe that access is needed as a matter of urgency.

Duration of an Emergency Protection Order

Initially, an EPO can last for a maximum of 8 days, with the possibility of an extension of up to 7 additional days, bringing the total duration to 15 days. Extensions are granted only if the court finds reasonable cause to believe that without the order, the child would likely face significant harm.

Rights of Parents and Guardians

While there is no formal right to appeal an Emergency Protection Order, parents or guardians who were not given notice of the hearing or were absent when the EPO was issued can apply to the court for the order to be discharged. This safeguard ensures that those directly involved in the child’s life have an opportunity to present their case, even if the order was made without their initial knowledge.

The Broader Purpose of Emergency Protection Orders

Emergency protection orders are not ends in themselves but serve as the first step in addressing crises that jeopardise a child’s safety. They provide critical breathing space for authorities to investigate the situation thoroughly and determine the most appropriate long-term solution. While EPOs can save lives and prevent further harm, their ultimate goal is to foster stability and happiness for the child, ensuring their well-being beyond the immediate crisis.

For families facing such urgent situations, expert legal guidance is essential. Duncan Lewis Solicitors’ family law team offers top-tier assistance in complex child protection cases, including international abductions and public law children cases. Contact the team in confidence at 033 3772 0409 for specialist advice on safeguarding children’s welfare.

About the Author

Sophie Rayment is a Director of Family and Child Care Department at Duncan Lewis Solicitors, primarily based in Peterborough and Cambridge. Her areas of expertise include child care proceedings, acting for parents whose children have been removed from their care for a variety of reasons including drug abuse, physical abuse and poor home conditions. For advice or assistance on a family or child care matter, contact Sophie at SophieR@duncanlewis.com or via telephone at 02070147388.

Duncan Lewis Solicitors

Duncan Lewis is renowned for its exceptional legal services and commitment to justice. The company employs a team of highly skilled solicitors offering top-tier representation in 25 fields of law, and ranked as top tier by the Chambers and Partners and the Legal 500 legal guides, and as one of the top 250 law firms in the country by the Times. We were most recently crowned Law Firm of the Year at the prestigious LexisNexis awards 2024.