Emergency Protection Orders

Emergency applications can only applied for if there is reasonable cause to believe that a child is likely to suffer significant harm if he/she is not removed from his/her current carers or to secure the child remaining in the place where the child is currently being accommodated. The application must be on the basis of immediate risk to a child’s safety or welfare.

If you have been given notice of an Emergency Protection Order we can help. We are able to provide free Legal Aid for this service so please call our specialist Child Law Solicitors now on 0844 800 9860 or contact us online for advice.

What is an Emergency Protection Order?

An Emergency Protection Order allows a Local Authority to remove a child from the care of those holding parental responsibility. An order can only be made initially for a period of up to 8 days and may be for a shorter period of time. It can be extended by further application to the Court for a period of 7 days.

During that time the Local Authority either has to consider whether or not to return the child to the parents care or to those holding parental responsibility or the Local Authority must issue care proceedings and obtain a further order if the child continues to be at risk of significant harm.

Generally a parent or person holding parental responsibility should be given notice of an application to the court for an Emergency Protection Order and would be entitled to Legal Aid regardless of means or the merits of their case. Legal Aid can therefore be granted very quickly so that a solicitor can represent a parent in Court on an emergency basis straight away. Normally a solicitor would also be appointed to represent the interests of the child on such an application.

In exceptional circumstances where there is evidence of real risk an application can be granted without notice being given to the parent or others holding parental responsibility.  These situations are very exceptional.

Keeping Families Together

Any Emergency Protection Order must provide for the least interventionist solution consistent with the preservation of the child’s immediate safety, so if the child is to be removed from the parent’s care, they should be placed with a relative or family friend.

An Exclusion Order can also be made linked to an Emergency Protection Order so that the child may be able to stay in his/her home with a parent or family member if another person who may be suspected of causing harm is excluded from the house.

Our Service

If you have been given notice of an Emergency Protection Order we can help. We are able to provide free Legal Aid for this service so please call our specialist Child Law Solicitors now on 0844 800 9860 or contact us online for advice.

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