Emergency Protection Orders
If children’s services have applied for an emergency protection order, or an order has already been made, it is important to get legal advice quickly. An emergency protection order is a serious short-term court order that may allow a child to be removed from parental care or kept somewhere safe while urgent safeguarding concerns are considered.
National Legal Service Solicitors can advise parents, carers and family members where an emergency protection order has been made or is being considered. If you have received court papers, been told there is an urgent hearing or your child has been removed under an order, contact NLS today.
For urgent legal advice call 020 3601 5051 or request a callback.
Legal aid for parents in emergency protection order proceedings is usually non-means and non-merits tested where the parent has parental responsibility for the child.
What is an emergency protection order?
An emergency protection order, often called an EPO, is a court order made under Section 44 of the Children Act 1989. It is used where the court is asked to consider whether a child needs immediate short-term protection because of urgent safeguarding concerns.
Government guidance explains that EPOs are for genuine emergencies and should only be used where necessary to provide immediate short-term protection. The court must be satisfied there is reasonable cause to believe that the child is likely to suffer significant harm or that urgent access to the child has been unreasonably refused in circumstances where significant harm may be a concern.
An EPO may:
- authorise the child’s removal to accommodation provided by or on behalf of the applicant
- prevent the child being removed from the place where they are currently staying
- give the applicant limited parental responsibility for the child
- require a person to produce the child to the applicant
- include directions about contact, assessment or medical examination where appropriate
An EPO does not remove a parent’s parental responsibility, but it can limit how parental responsibility is exercised while the order is in force. Government guidance states that the order gives the applicant limited parental responsibility and that the local authority can only do what is reasonably required to safeguard or promote the child’s welfare.
How long does an emergency protection order last?
An emergency protection order is temporary. In the first instance, it can be granted for up to eight days.
The court may extend an EPO only once, for up to a further seven days. This means the maximum duration is usually 15 days, although no EPO should last longer than is strictly necessary to protect the child.
During this period, children’s services may continue assessments and decide what further steps, if any, they believe are needed. This could include the child returning home, a family placement being considered, a Section 20 arrangement being discussed or care proceedings being started.
A solicitor can help you understand:
- what the order says
- how long it lasts
- who has care of the child during the order
- what contact arrangements are in place
- whether the order can be challenged
- whether children’s services are considering further proceedings
Can an emergency protection order be challenged?
An emergency protection order can sometimes be challenged, but the route is specific. There is no general right of appeal against the making, refusal, extension or discharge of an EPO. However, certain people may be able to apply to discharge the order in defined circumstances.
The people who may apply to discharge an EPO include:
- the child
- a parent
- a person with parental responsibility
- a person the child was living with immediately before the EPO was made
There are important limits. Government guidance explains that an application to discharge an EPO is generally limited to people who were not given notice of the EPO hearing or who were not present at that hearing. An application to discharge cannot be heard for 72 hours after the EPO has been made.
This is often the most urgent issue for a parent. If an order has been made without you being present, or you believe important information was not put before the court, a solicitor can explain whether a discharge application may be available and what evidence the court may need to consider.
A solicitor can help you:
- read and understand the order
- check whether you were given notice of the hearing
- identify whether a discharge application may be possible
- prepare evidence responding to the concerns
- advise on contact with your child
- respond to the local authority’s plans
- prepare for any next hearing or care proceedings
What happens at the emergency protection order hearing?
At an emergency protection order hearing, the court considers whether the legal test for an EPO is met. The court will look at the evidence, the level of urgency and whether a less interventionist option could protect the child.
Government guidance states that an EPO should be necessary and proportionate, with the least interventionist solution consistent with the child’s immediate safety. It also says that, except in wholly exceptional circumstances, an EPO application should be made on notice to interested parties.
At the hearing, the court may consider:
- what harm children’s services say the child may face
- whether the risk is immediate
- whether the child can remain safely at home with support
- whether a family member can care for the child
- what contact should take place
- whether the child should be assessed or examined
- whether any directions are needed
- how long the order should last
If you are told there is an EPO hearing, seek advice as soon as possible. The timescales can be very short and a solicitor can help you understand what the local authority is asking the court to do, what evidence may be relevant and how your position can be put forward clearly.
Can children’s services remove my child without a court order?
Children’s services cannot simply remove a child from parental care without a legal basis (a court order). In many urgent safeguarding situations, they must ask the court to consider whether an emergency protection order, interim care order or another legal route is needed.
There are limited emergency situations where police powers may be used. Government guidance confirms that police powers should only be used in exceptional circumstances where there is insufficient time to seek an EPO or where immediate safety reasons require urgent action. A child cannot be kept in police protection for more than 72 hours.
In practice, this means the legal basis matters. If your child has been removed or you have been told removal may happen, you should ask what power is being used and seek legal advice quickly.
Possible legal routes may include:
- an emergency protection order
- police protection
- an interim care order
- a voluntary arrangement under Section 20
- another urgent application depending on the circumstances
The right response depends on what has happened, what papers have been served and what children’s services are asking the court to consider.
Emergency protection orders and Section 20 agreements
An emergency protection order is a court order. It is different from Section 20 agreements, which involve a local authority providing accommodation for a child with the agreement of those with parental responsibility.
A Section 20 arrangement is not the same as a court order, but it can still have important practical effects because it may change where a child lives while concerns are assessed or longer-term plans are discussed. If children’s services ask you to agree to Section 20 accommodation during or after an EPO situation, it is sensible to seek legal advice before agreeing so you understand your rights and options.
A solicitor can explain:
- whether the child is subject to a court order or a voluntary arrangement
- whether you are being asked to agree to accommodation
- whether you can withdraw agreement to Section 20
- how the arrangement may affect contact
- whether care proceedings may follow
- what steps may be available if you disagree
Child Arrangement Solicitors
Legal aid is usually available for parents in emergency protection order cases where the parent has parental responsibility for the child. These cases fall within Special Children Act proceedings under the Children Act 1989.
Legal Aid Agency guidance states that Special Children Act proceedings under Parts 4 and 5 of the Children Act 1989, including emergency protection orders, are non-means and non-merits tested for the child who is the subject of the order and for parents or parties with parental responsibility for that child.
This means that parents with parental responsibility should seek legal advice quickly if they are facing an EPO. A solicitor can explain whether this funding route applies and can advise on the hearing, the evidence and any urgent next steps.
For more information, visit our page on legal aid for care proceedings.
What happens after an emergency protection order is granted?
After an emergency protection order is granted, the local authority will usually continue assessing the child’s safety and welfare. The order gives short-term powers only, so children’s services must consider what should happen next before the order ends.
The next steps may include:
• the child returning home
• a family member being assessed as a possible carer
• contact arrangements being reviewed
• further assessments being arranged
• a discharge application being considered
• an application to extend the EPO
• an application for an interim care order
• care proceedings being started
Children’s services must keep the child’s case under review to ensure that parents and the child are not separated for longer than is necessary to secure the child’s safety. Where a child has been removed under an EPO, the child must be returned if it appears safe for the child to be returned.
If the local authority says it is considering further court proceedings, legal advice is important. NLS care proceedings solicitors can help parents understand the process, respond to the local authority’s evidence and prepare for hearings.
If you are a family member, guardian or carer
Sometimes a child may have been living with a family member, guardian or connected person before an EPO was made. You may need urgent advice if the child was living with you, if you have parental responsibility or if you are being considered as a possible carer.
The term “legal guardianship of a child” can mean different things depending on the circumstances. In children law, the precise legal position may involve parental responsibility, a child arrangements order, special guardianship, a care order or another arrangement.
A solicitor can explain:
• whether you have parental responsibility
• whether you can take part in the proceedings
• whether you can apply to discharge the EPO
• whether you can be assessed as a connected person
• whether special guardianship may be relevant later
• what legal aid may be available
If children’s services have contacted you about caring for a child, keep any documents you have been given and seek advice before signing anything you do not understand.
How NLS can help urgently
National Legal Service Solicitors supports parents, carers and family members with emergency protection orders, care proceedings, children’s services involvement and legal aid. If an EPO has been made or there is an urgent hearing, early advice can help you understand what the order means and what steps may be available.
NLS can help with:
- urgent advice about emergency protection orders
- checking whether an EPO can be challenged
- applications to discharge an EPO where available
- advice before or after an EPO hearing
- responding to children’s services evidence
- contact arrangements while an order is in place
- advice about Section 20 accommodation
- representation in care proceedings
- legal aid assessments for parents and people with parental responsibility
Advice is confidential and focused on helping you understand the legal process. A solicitor will explain your options based on the papers, the timescales and the child’s welfare issues involved.
Urgent help with emergency protection orders
If you are facing an emergency protection order, or one has already been made, contact National Legal Service Solicitors as soon as possible. A solicitor can explain what the order means, whether it can be challenged and what may happen next.
Frequently asked questions
- What is an emergency protection order and how long does it last?
An emergency protection order is a short-term court order used where urgent protection may be needed for a child. It can authorise a child’s removal or prevent the child being removed from where they are staying.
An EPO usually lasts for up to eight days at first. The court may extend it once for up to a further seven days, making the maximum period 15 days.
- Can I challenge an emergency protection order?
You may be able to challenge an emergency protection order by applying to discharge it, but only in certain circumstances. There is no general right of appeal against an EPO.
A parent, person with parental responsibility, the child or the person the child was living with immediately before the EPO may be able to apply for discharge if they were not given notice of the hearing or were not present. An application cannot be heard within 72 hours of the order being made.
- What happens at an emergency protection order hearing?
The court considers whether the legal test for an EPO is met and whether urgent short-term protection is necessary. The court will consider the evidence, whether the child is at risk of significant harm and whether a less interventionist option could meet the child’s immediate safety needs.
The court may decide whether to make the order, how long it should last, where the child should stay and what contact or assessment directions are needed. A solicitor can help you understand the evidence and put forward your position.
- Can children’s services remove my child without a court order?
Children’s services cannot simply remove a child from parental care without a legal basis. In many cases, the court must be asked to consider whether an order is needed.
In very urgent situations, police protection powers may be used where there is no time to seek an EPO or where immediate safety reasons require action. A child cannot be kept in police protection for more than 72 hours.
- Do I qualify for legal aid for an emergency protection order?
Parents and people with parental responsibility in emergency protection order proceedings usually fall within a non-means and non-merits tested legal aid route. Legal Aid Agency guidance lists emergency protection orders as Special Children Act proceedings and states that these are non-means and non-merits tested for the child, parents and parties with parental responsibility.
A solicitor can confirm whether this applies to your situation. If you have received papers or been told there is an urgent hearing, seek advice quickly.
- What should I do if I receive EPO papers?
Read the papers carefully and contact a solicitor as soon as possible. The papers should explain what children’s services are asking the court to do, when the hearing is listed and what evidence they rely on.
You should keep copies of the papers, make a note of any hearing time and tell your solicitor if your child has already been removed or if children’s services have asked you to agree to anything. Do not sign documents you do not understand without advice.