What is an Emergency Protection Order?
An Emergency Protection Order (EPO) is a legal order made by the court to protect a child who is at immediate risk of harm. The main purpose of an EPO is to ensure the child’s safety and welfare when urgent action is needed, often before a longer-term solution can be arranged. Typically, an EPO lasts for up to 8 days, although it can sometimes be extended if more time is needed to decide on the best way forward for the child.
EPOs are usually applied for by local authorities or the police when there is serious concern about a child’s safety. The court will only grant an EPO if it believes the child is at immediate risk of significant harm and that urgent intervention is necessary.
The legal basis for an Emergency Protection Order is set out in the Children Act 1989, Section 44. This law outlines when and how an EPO can be used as part of the UK’s wider child protection system. EPOs are one of several urgent measures available to safeguard children, and they often lead to further assessments or court decisions about child arrangements.
To learn more about how Emergency Protection Orders work, including when they might be used and what happens after one is granted, you can read this detailed guide: Emergency Protection Order (EPO).
When is an Emergency Protection Order Used?
When is an Emergency Protection Order Used?
An Emergency Protection Order (EPO) is used when a child is believed to be at immediate risk of significant harm and urgent action is needed to keep them safe. Common situations where an EPO may be necessary include cases of serious physical or emotional abuse, neglect, or where domestic violence puts a child in danger. Sometimes, concerns may arise suddenly – such as discovering unexplained injuries or evidence of severe neglect – leaving no time to wait for a standard court process.
The law recognises the need for swift intervention in these circumstances. Under the Children Act 1989, Section 44, an EPO can be granted by the court when there is clear evidence that a child needs immediate protection. Social workers, the police, or others responsible for a child’s welfare may apply for an EPO, but they must provide convincing evidence to the court that urgent action is necessary.
EPOs are designed to provide short-term safety and care for the child while further assessments are carried out. This might involve removing the child from a dangerous environment or placing restrictions on who can have contact with them. For a more detailed explanation of how these orders work and when they are used, see Emergency Protection Order (EPO).
If you are worried about a child’s safety due to abuse or domestic violence, you can find help through abuse support services. There is also financial and housing assistance available for families facing emergency protection situations.
How Does an Emergency Protection Order Work?
When a child is believed to be at immediate risk of harm, an Emergency Protection Order (EPO) can be sought to provide urgent protection. Usually, local authorities or the police apply for an EPO, but in some situations, other people concerned about a child’s safety may also apply. The application is made to the Family Court, which will hold a hearing – often at short notice – to decide if the order is necessary. The court considers whether the child is at risk of significant harm and whether making the order is the only way to protect them, as set out in the Children Act 1989, Section 44.
If granted, an EPO allows the court to decide where the child should live temporarily and who should care for them. This could mean removing the child from their current home or preventing someone from having contact with the child. The order is designed to be short-term, usually lasting up to 8 days, but it can be extended for a further 7 days if the court believes it is necessary. More details about how these orders work can be found in the Emergency Protection Order (EPO) guide.
During the period of an EPO, parents and carers retain certain rights, such as being informed about the proceedings and, in most cases, having the opportunity to attend the court hearing. However, the court’s main priority is the child’s safety. The Family Court will review all the evidence before making a decision.
Once an EPO expires, the court will consider what should happen next for the child’s ongoing welfare. This may involve moving towards a child arrangements order to decide longer-term living arrangements, or making other protective orders if needed. If circumstances change, it’s possible to ask the court for a variation and discharge of child orders to adapt or end the order to best support the child’s needs.
Who Has Parental Responsibility During an Emergency Protection Order?
When an Emergency Protection Order (EPO) is made by the court, questions often arise about who has the right to make decisions for the child. This right is known as parental responsibility, which means having the legal rights and duties to care for and make important choices about a child’s upbringing, such as their health, education, and welfare.
During an EPO, parental responsibility is temporarily shared with the local authority or another person the court appoints to protect the child. While parents do not lose their parental responsibility, the court can limit how they exercise it for the duration of the order. This means that key decisions about the child’s immediate safety and living arrangements may be made by the local authority or the person named in the order, rather than the parents. For example, the court can authorise the local authority to remove the child from home if they believe the child is at risk of harm.
Parents still retain some rights, like being informed about the child’s situation and having the right to attend court hearings. However, their ability to make certain decisions may be restricted to ensure the child’s safety. The legal framework for these arrangements is set out in the Children Act 1989.
For more information on how court orders affect who can make decisions for a child, see Court orders to protect children – Citizens Advice. If you need further details on what an EPO involves or how it works in practice, visit the Emergency Protection Order (EPO) resource.
Related Child Law Orders and How They Differ
When thinking about child protection and arrangements, it’s important to understand that there are several types of court orders, each designed to address different situations. While an Emergency Protection Order (EPO) is used when a child is in immediate danger and urgent action is needed, other orders focus on preventing specific risks or resolving particular disputes.
A Prohibited Steps Order is a legal tool that can stop a parent or carer from carrying out certain actions concerning a child, such as taking them abroad without consent or removing them from school. This type of order is set out in the Children Act 1989 and is generally used to prevent potential harm rather than respond to an immediate crisis.
On the other hand, a Specific Issue Order helps settle particular disagreements about a child’s upbringing – such as which school they should attend or what medical treatment they should receive. Unlike an EPO, which is about urgent protection, a Specific Issue Order deals with planned decisions for a child’s welfare.
In summary, while an Emergency Protection Order is for situations where a child’s safety is at immediate risk, a Prohibited Steps Order or Specific Issue Order is used to manage ongoing concerns or resolve specific issues about a child’s care. Understanding these differences can help you choose the right legal protection for your child’s needs.
What Happens After an Emergency Protection Order?
After an Emergency Protection Order (EPO) ends, the court and local authorities must decide what happens next to safeguard the child’s welfare. The EPO, made under the Emergency Protection Order (EPO) under the Children Act 1989, is only a short-term measure – usually lasting up to eight days, though it can be extended once for a further seven days. Once this period expires, several possible steps may follow:
Longer-Term Arrangements and Court Hearings
If concerns about the child’s safety remain, the court may hold further hearings to consider longer-term arrangements. In many cases, families or local authorities apply for a child arrangements order to decide who the child should live with and how contact with others will be managed. These orders are guided by the Child Arrangements Orders under the Children and Families Act 2014.
Relocating a Child
If there is a need to move the child to a different area or even abroad, strict legal requirements must be followed. Parental consent or a court order is necessary before relocating a child, especially after emergency protection measures. For more on the process and legal considerations, see our guide to child relocation.
Enforcing Child Orders
Sometimes, arrangements made by the court are not followed. If someone breaches a court order about a child’s care or contact, there are legal steps you can take to ensure compliance. Learn more about your options for enforcement of child orders.
Changing or Ending Child Orders
As circumstances change, you may need to ask the court to change or end an existing order. This process is known as variation or discharge. Find out how to apply for variation and discharge of child orders if your situation changes after an EPO.
For families seeking further guidance or wishing to understand the appeals process, information about the Court of Appeal is also available. If you are unsure about your rights or the next steps, seeking legal advice is strongly recommended.
Where to Get Help and Support
If you are facing an Emergency Protection Order (EPO), it’s important to know that support is available for both you and your child. Social services will be involved in the process, and you have the right to seek legal advice at any stage. You can find a detailed overview of what an Emergency Protection Order (EPO) involves, including your rights and the legal process, on the Family courts and domestic abuse website.
If you or your child are experiencing domestic violence or abuse, specialised abuse support services are available to help you stay safe and make a safety plan. These services can also provide emotional support and guidance during and after an EPO.
Financial strain and housing worries are common for families in crisis. You may be able to access financial and housing assistance to help with urgent needs, such as finding a safe place to stay or covering essential costs.
For legal advice, you can contact a solicitor who specialises in family law or reach out to your local Citizens Advice Bureau. Social services can also provide information about your options and what to expect next. If you are worried about a child’s immediate safety, contact your local authority’s children’s services or call the police in an emergency.
