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What is an Emergency Protection Order?
An Emergency Protection Order is made under very serious and exceptional circumstances. An EPO allows the local authority to obtain shared parental responsibility with the parents of a child.
Purpose of an emergency protection order
The purpose of an EPO enables the local authority to give immediate short-term protection to a child by removing the child from the family home or to prevent the child from being removed from a particular place. An EPO can also be applied where the local authority requires access to the child for an assessment. An EPO can be sought when other methods have been unreasonably frustrated or access is required as a matter of urgency.
How long does an EPO last?
An EPO can be obtained from the court for a maximum of 8 days. An EPO can be extended by making an application to the court, for a maximum of up to 7 days, only where there is a reasonable belief that the child is likely to suffer or is at risk of significant harm if the extension is not granted. An application for an extension can be made once and only if the applicant has parental responsibility as a result of the EPO, or is entitled to apply for a care order concerning the child.
When will an EPO be sought?
An EPO will be sought for the following reasons:
- Where the local authority has received a referral and the social worker has identified the need for protection after visiting the family home where the child concerned resides.
- The police have exercised police protection and have notified the local authority
- The local authority is aware of the circumstances of the child concerned and the social workers involved have been notified of an incident.
The local authority should speak with the parents to negotiate a protection plan before an application for an EPO is made, as an EPO should only be sought in matters of great urgency.
When will an EPO get refused?
EPO’s will not normally be granted in the following circumstances:
- In cases of emotional abuse
- In sexual abuse cases. If the allegations are not specific and there is no evidence of
immediate and imminent risk of significant harm to the child - There is fabricated and induced illness with no immediate and imminent risk of direct physical harm to the child
- There is a lack of information in the case which requires the local authority to assess
Notice:
The applicant must serve notice at least one day before the hearing to parents who do not have parental responsibility, and to anyone who the child is living immediately before the EPO is made. The court can shorten the notice period if required. In exceptional circumstances, there will be cases where an application can be made without notice if the child’s welfare and safety deem it necessary.
Contact
When an EPO is in place, the local authority must allow reasonable contact between the child and their parents if appropriate. Anyone else with parental responsibility or anyone with whom the child lived immediately before the order was made is also entitled to this.
Medical and psychiatric examinations.
The court may direct the child to undergo a medical and psychiatric examination when making the order, and while the order is in force. The child concerned can refuse to be examined if they are of sufficient capacity or understanding, to make an informed decision.
Can a child’s whereabouts be disclosed?
If a court considers that the information regarding the child’s whereabouts is available to another person, which is not available to the applicant, the court can order the other person to disclose the information.
Police assistance with entry into the premises
If the court is convinced the applicant will face difficulties exercising their powers under an EPO, the court may issue a warrant, which authorises the police to assist the applicant to enter and search the premises. Reasonable force can be used only if it is necessary to get access to the child concerned.
Can a second child be removed from the premises?
If the court is satisfied that there is another child in the premises where the EPO subject is removed, and the grounds for an EPO apply to the second child, then the court may make an order allowing the applicant to search the premises and possibly remove the second child.
Returning a child to their parents
The local authority is obligated to reunite a child with their parents or carers when it is safe to do so. However, the applicant may remove the child again if the order is still in force and it becomes apparent there have been no improvements or there is a change in circumstances that puts the child at risk of harm. If the applicant is unable to return the child to where they were removed from, the applicant should return the child to another appropriate individual.
Appeals
There is no right to appeal against an EPO. However, an application to get an EPO discharged can be made if sufficient notice of the hearing wasn’t given, or they were not present for the hearing.
Discharge of the EPO
The child’s parents/carers, or anyone the child was living with immediately before the order was made can apply for an EPO to be discharged unless they were present at the court hearing.
How to apply to discharge an EPO
An application to discharge an EPO must be filed to the court that made the original EPO by completing form C110A. Copies of the C110A must be provided to all respondents.
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