Can I Challenge An Emergency Protection Order?

Can I Challenge An Emergency Protection Order?

Table of contents

• What is an Emergency Protection Order?

• How is an Emergency Protection Order issued?

• Can an application be made without notifying the child's parents or family?

• Can an application be made without notifying the child's parents or family?

• How long do EPOs last?

• Can I appeal a decision to grant an EPO?

• What should I do if an EPO is made?

• Final words

Few situations are more frightening than an Emergency Protection Order (EPO). They are used in situations where the Local Authority believes a child is in immediate danger and must be removed from potential harm. It is possible to challenge an EPO, but you will need the advice and representation of a Care Proceedings Solicitor.

What is an Emergency Protection Order?

An EPO is made by the Court under section 44 of the Children Act 1989 (CA 1989), allowing a Local Authority to temporarily share parental responsibility (PR) with a child's parents. This is so that the Local Authority can act to give immediate short-term protection to the child by either removing the child from their parent(s)' care or to prevent the child from being removed from a particular place. An EPO a child requires assessment by social services and the parents preventing the assessment from being undertaken.

As the name suggests, an EPO can only be applied for in emergency situations. Section 44 references that the child in question must be at risk of 'significant harm' and action is needed 'as a matter of urgency'.

'Harm' is defined throughout the CA 1989 as both physical injuries, general mistreatment, and the damage to the child's health or development. It can include physical and psychological harm.

How is an Emergency Protection Order issued?

Social Services cannot simply remove a child from their home. An EPO can only be issued by the Court, following an application from the Local Authority, or any other person/organisation such as the police, or the National Society for the Prevention of Cruelty to Children (NSPCC). In most cases, if a child is the subject of an EPO, there has been previous Social Services involvement with the family, which may have included an assessment of how the family are safeguarding the children.

In some cases, a social worker will have visited the family to assess the current home situation, and decides the child needs immediate protection.

Another situation that can also lead to an EPO is where the police have been called to the family home and have exercised their powers to remove the child for 72 hours. Officers will normally make a referral to Social Services who must decide within 72 hours whether to apply to the Court for an EPO. The Court can grant an EPO for up to eight days and the Local Authority can apply for a seven day extension. An EPO can only be granted for a maximum time of 15 days. .

It is down to the Applicant (Local Authority), to bring evidence to the court that meets the high test that there is a real risk of imminent harm if they are not removed or to remain living in a safe accommodation..

Can an application be made without notifying the child's parents or family?

Yes, but this would be very rare and only done in exceptional circumstances, such as:

• There is a real risk of the parents fleeing with the child if they receive notice of an EPO application or;

• The child's parent(s) have extensive mental health problems and there is a real risk that the child will suffer physical or mental harm if they alert the parents to the EPO application.

Because a without notice EPO application is incredibly draconian, the applicant (normally the Local Authority) must provide extensive and compelling evidence to the Court that the Order should be granted without notice.

How long do EPOs last?

EPOs can last for up to eight days, with an option to extend for a further seven days. During this time, the Local Authority will consider whether there will be court proceedings to see if a Care Order or Supervision Order needs to be made.

More often than not, the Local Authority will apply for an Interim Care Order that will allow it to maintain the status quo under the EPO until the Care or Supervision Order proceedings are completed.

Can I appeal a decision to grant an EPO?

No, EPOs cannot be appealed. The only option for challenging an EPO is via Judicial Review, where the Court reviews the Local Authority's or police's decision to apply for the EPO; however, this is an expensive and complicated process..

You can apply to discharge (dismiss) the Emergency Protection Order within 72 hours if:

• You were not given notice of the EPO court hearing, and

• You were not present at the hearing.

What should I do if an EPO is made?

As a parent, it is crucial to cooperate with the police, Local Authority, and the Courts if an EPO is made. One of the first things you must do is contact an experienced Care Proceedings Solicitor who can advise and represent you. They know you will be scared, and this can lead to you making decisions or taking actions that could jeopardise your child being returned. The best Care Proceeding Solicitors are caring and compassionate with their clients but firm and decisive when it comes to dealing with Local Authorities and the Courts.

Final words

You do not have to deal with an EPO and subsequent Care Order proceedings alone. A Child Protection Solicitor will take the pressure off you and provide you with the advice you need to challenge such applications made against your child/children. .