Q&As

Where the police exercise their powers to accommodate a child in cases of emergency for a period of 72 hours under section 46 of the Children Act 1989, on the expiry of that period of time, can the police re-exercise their powers of protection and accommodate the child for a further consecutive 72 hours?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on: 25 July 2019

Where a constable has reasonable cause to believe that a child would otherwise be likely to suffer Significant harm, they may remove the child to suitable accommodation and keep them there, or may take such steps as are reasonable to ensure that the child’s removal from hospital or any other place in which they are accommodated is prevented.

The period of time that a child can be in police protection is limited to no more than 72 hours. The police may, during that 72-hour period, apply on behalf of the appropriate Authority for an emergency protection order to be made under

Katherine Illsley
Katherine Illsley

4 King’s Bench Walk

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Significant harm definition
What does Significant harm mean?

Any harm which is determined to be significant in accordance with the Statutory Guidance to Part IIA in that it meets one of the specific descriptions of the types of harm which must exist, or of which there must be a significant possibility, for land to be determined as contaminated.

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