The following Family guidance note provides comprehensive and up to date legal information covering:
An emergency protection order (EPO) is a court order to be made in an emergency where it can be shown that unless emergency action is taken, the child will be at risk of significant harm. An EPO allows, but does not require, the removal of a child to accommodation or the keeping of a child where they are currently accommodated. A local authority can also apply for an EPO to obtain access to a child, where that is being unreasonably refused and it is urgent to do so, when carrying out a child protection investigation.
The court, in exercising its discretion, must apply the welfare principle, ie the child’s welfare will be the court’s paramount consideration.
The court's considerations must include:
why it is necessary to remove the child as a matter of urgency
whether there is any alternative way of protecting the child, for example by the alleged abuser leaving the child's home
whether the child's removal can be achieved with the co-operation of their carers
An EPO should be the last and not first resort due to its serious consequences for the child. The order should be both necessary and proportionate and the least interventionist solution consistent with the child's immediate safety.
The risk of significant harm must be assessed and the court may make an EPO where there
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234