An Emergency Protection Order: When and How It Is Applied For

In cases involving the welfare and safety of a child, time is often of the essence. An Emergency Protection Order (EPO) is a legal mechanism designed to provide immediate, short-term protection to children who are at imminent risk of significant harm. Governed by Section 44 of the Children Act 1989, the application for an EPO is a serious legal intervention, often considered a last resort. This article explores the purpose, conditions, process, and considerations involved in applying for an EPO.

What Is an Emergency Protection Order?

An Emergency Protection Order is a legal tool enabling a child to be removed from their current situation or retained in their current location if their safety and welfare are at risk. The order grants the local authority or another applicant Parental Responsibility for the child, allowing necessary interventions to safeguard their well-being.

The primary aim of an EPO is to address an immediate threat of Significant Harm to the child, such as abuse, neglect, or other dangerous circumstances. EPOs are time-limited and meant to act as a stopgap measure while more comprehensive assessments and long-term solutions are sought.

What are the Conditions for Applying for an EPO

An EPO can be applied for by a local authority or any individual, provided they can satisfy the court of the following conditions:

Risk of Significant Harm

The child is likely to suffer Significant Harm unless they are:

  • Removed to a safe accommodation.
  • Kept in their current secure location.

Obstruction of Section 47 Enquiries

If a Section 47 child protection investigation is being obstructed by refusal of access, and access is deemed urgent, an EPO can be sought.

Necessity and Proportionality

The court must determine that the application is necessary, proportionate, and that no less intrusive measure would suffice to protect the child.

The threshold criteria for an EPO are stringent, reflecting its potential to infringe upon the rights of both parents and children. It is viewed as a “draconian measure” to be used only in cases of extraordinary urgency.

What is the Duration of an Emergency Protection Order

An EPO is time-limited:

  • Initial Duration: Maximum of 8 days.
  • Extension: A further 7 days may be granted if the court believes the child remains at risk of Significant Harm.
  • The maximum duration of an EPO is 15 days.

This ensures the order remains a temporary intervention, prioritising the immediate safety of the child while longer-term solutions are explored.

The Application Process for an EPO

The process of applying for an EPO is rigorous and involves multiple steps to ensure that the action is justified and carefully considered.

Decision to Apply

Before an EPO application is submitted, several steps must be completed:

  • Strategy Discussion: A meeting between the local authority, police, and other relevant agencies to evaluate the child’s circumstances and determine the need for emergency action.
  • Consultation with Legal Services: Legal advice is sought to confirm that the evidence meets the threshold criteria for Significant Harm.
  • Approval from the Designated Manager: A senior officer must authorise the application, ensuring it is proportionate and justified.

Preparing the Application

The social worker or applicant prepares a Statement of Evidence to present to the court. Key requirements include:

  • Evidence must be detailed, specific, and compelling.
  • Medical opinions, Child Protection Conference minutes, or other supporting documents must be included.
  • If applying ex parte (without notifying the parents), justification must be provided explaining why notice would endanger the child.

Filing the Application

The application is submitted to the family court, along with all supporting evidence. If the matter is urgent, arrangements can be made for the application to be heard without delay.

The Hearing

At the hearing, the court evaluates the evidence to determine whether the EPO is justified. Key considerations include:

  • The immediacy and severity of the risk to the child.
  • Whether the EPO is the least intrusive option available.
  • The duration of the order.

If parents have not been notified of the hearing (ex parte applications), the local authority must ensure they are informed of the outcome, reasons, and supporting evidence as soon as possible.

What Happens After the EPO Is Granted

Once an EPO is issued, the local authority assumes Parental Responsibility for the child and can take necessary steps to protect them. Key post-order actions include:

  • Child Placement: The child may be moved to a foster home, hospital, or other secure location.
  • Contact Arrangements: The court may set conditions for the child’s contact with their parents or significant others.
  • Further Planning: A Legal Gateway/Planning Meeting is convened to determine next steps, including whether Care Proceedings should be initiated.

The local authority must continuously review the situation to ensure the child is separated from their parents only as long as necessary.

Emergency Applications Without Notice

In certain high-risk cases, it may not be feasible to notify parents of the application. Such ex parte applications are only granted in exceptional circumstances, such as:

  • The child’s safety being compromised if parents are alerted.
  • Urgent situations where delay is unacceptable.

For ex parte applications, the applicant bears a higher evidential burden and must disclose all relevant facts and materials to the court.

Are there Any Alternatives to an Emergency Protection Order

If the child is not in immediate danger but further investigation is required, the local authority may consider applying for a Child Assessment Order under Section 43 of the Children Act 1989. This allows for a detailed assessment of the child’s health and development without immediate removal.

Powers Granted by an EPO

An EPO empowers the applicant to:

  • Remove the Child: Take the child to a safe location, such as a foster placement or hospital.
  • Keep the Child in Their Current Location: Prevent the child from being moved if their existing placement is deemed secure.
  • Access the Child: Override any obstruction to access, ensuring child protection investigations can proceed.
  • Search Premises: Enter and search premises if the child’s location is unknown or access is denied.

If additional children are found on the premises who are also at risk, further orders can be sought to protect them.

Key Considerations in X Council v B

The guidance in X Council v B outlines the principles courts and local authorities must follow when considering EPOs:

  1. EPOs are draconian measures requiring exceptional justification.
  2. They must be necessary and proportionate.
  3. Applications must be supported by detailed and compelling evidence.
  4. Parents should be notified unless it would endanger the child.
  5. EPOs should last no longer than absolutely necessary.

These principles emphasise the gravity of the intervention and the need for careful deliberation.

Conclusion

Applying for an Emergency Protection Order is a critical step in safeguarding children at immediate risk of harm. The process is designed to balance the urgent need to protect the child with the rights of the parents and the child themselves. While EPOs are a powerful legal tool, they must be applied judiciously and only in cases where no less intrusive measure can ensure the child’s safety. By adhering to legal requirements and maintaining a child-centred approach, local authorities and courts can act effectively to protect vulnerable children.

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