Emergency Protection Orders – What you need to know
In cases where there are serious urgent concerns about a child’s safety, an Emergency Protection Order (EPO) might pursued. We understand how distressing this can be for everyone involved and are here to support you throughout this difficult process.
If the local authority (often called social or children’s services) believes it is absolutely necessary to remove a child from their home to keep them safe, they may apply to the court for an Emergency Protection Order (EPO). This is done when there is no other alternative to ensure the child’s safety.
Here’s what you need to know:
Free Legal Aid
It is important to know that parents automatically receive free Legal Aid in care proceedings when the local authority applies for an Emergency Protection Order. This means you can get the legal support you need without worrying about the cost, and ensure you have the best advice to support you in the process.
What is an EPO?
An EPO allows the local authority to remove a child from their home for up to eight days, giving them time to apply for an Interim Care Order. This can happen urgently, sometimes without prior notice to the parents, making it essential to find a solicitor quickly. During this period, the local authority has parental responsibility for the child. In exceptional cases, the EPO can be extended by another seven days if the court still believes the child is at risk.
In some emergencies, the police can use their protection powers to remove a child without first going to court. These powers can only be used for up to 72 hours. If this happens, it’s crucial to get specialist legal advice immediately, as the next step could be an Urgent Court Application by the local authority.
How an Emergency Protection Order works
If the court grants an Emergency Protection Order, social workers can attempt to access the home and take the child to safety. If they face difficulties, the police can seek a warrant to remove the child with police assistance. Anyone obstructing this process could face legal consequences.
Challenging an Emergency Protection Order
If you didn’t attend the initial hearing for the Emergency Protection Order, you have a chance to challenge it within 72 hours of being notified. This is a complex process that requires immediate specialist legal advice. If you did attend the initial hearing, the Emergency Protection Order can only be challenged through a subsequent appeal, which also has strict time limits. The specifics of your situation will need careful consideration by a child law specialist solicitor.
Here's what sets Ramsdens Solicitors apart
Navigating the complexities of an Emergency Protection Order can be stressful and overwhelming. At Ramsdens, we do not say lightly that we have one of the most experienced teams of Law Society Children Panel lawyers in the region.
