What is an Emergency Protection Order?
If the Local Authority believes the safety of a child is in immediate danger, and they do not have time to present an application before a Court, they can apply for an Emergency Protection Order, which will remove the child from any immediate danger.
What does the Order do?
An Emergency Protection Order provides the Local Authority with the power to remove a child from a parent’s care for up to eight days. In some cases, this can be extended whilst further investigations are undertaken, but this depends on the individual case.
The Court will then decide the next steps for the child. This may involve either applying for a Care Order or Supervision Order, to protect the long-term welfare of the child. At this stage it is typical for Child Care Proceedings to begin to determine the child’s future.
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Would I be able to have contact with my child if an Emergency Protection Order is issued?
The Court can allow reasonable contact with a parent who has parental responsibility, although this may be supervised. It really depends on the individual circumstances of the case. The Court will have the child’s welfare and safety as the main priority. If the Court approves for contact to take place, then the Local Authority have a duty to facilitate that contact.
Can I discharge an Emergency Protection Order?
Someone can apply to discharge an Emergency Protection Order within 72 hours of receiving the Order, provided;
- You were not given notice at the hearing
- You were not present at the hearing
What do I need to do next?
If you are worried that this will happen to you and your child, or if it is happening to you, then you must contact us immediately. We can act on your behalf, understanding your situation and working together with Social Services, the Courts and the Local Authority to ensure the best outcome for you and your child.
For further help and advice contact the family team at Ringrose Law Solicitors in Lincoln, Grantham, Boston, Sleaford & Newark.Contact Children Department