Emergency Protection Orders Solicitors

There are certain times when Social Services may apply to the Court for an emergency Protection Order. These often arise in situations where there is an urgent need to consider where the children should be placed and by whom – for example where children have suffered injuries, where children have already been taken into Police Protection or consideration needs to be given to what happens to a new born child when they are ready for discharge from hospital.

If you are told by the Social Worker that the Local Authority will be applying for an Emergency Protection Order or if your child has been removed into Police Protection, you should not delay in contacting a solicitor because these applications are made quickly with little notice to the parents involved.

These application can on occasion take place outside of business hours via a telephone / remote hearing. We have members of the team that are willing and able to assist you so please contact us here and we will try to get back to you as soon as possible.

Emergency Protection Order Proceedings

An application for an Emergency Protection Order (EPO) is made by the local authority to seek a short-term protection for a child. An application for such an order is made when it is considered that the child is in imminent danger. If such an order is granted it can either allow the removal of a child into a safe place or prohibit the removal of a child from a safe place that they are currently residing in. Such an order can also authorise the Applicant Local Authority to enter and search a premises in order to locate a child. The police can also be requested to assist.

An EPO can only last a maximum of 8 days. After the Order expires the local authority must return the child. If they consider the child is still in danger, they must apply to extend the Emergency Care Order or apply for a Care Order, before the order expires. Should an Emergency Protection Order be granted, this will provide the local authority with parental responsibility along with those who already have parental responsibility. The local authority will only hold parental responsibility for the child for as long as the EPO lasts.

Our Emergency Protection Order Solicitors answer some frequently asked questions:

What is an Emergency Protection Order?

An application for an Emergency Protection Order is made by the local authority to seek a short-term protection for a child. An application for such an order is made when it is considered that the child is in imminent danger. If such an order is granted it can either allow the removal of a child into a safe place or prohibit the removal of a child from a safe place that they are currently residing in. Such an order can also authorise the Applicant Local Authority to enter and search a premises in order to locate a child. The police can also be requested to assist. Due to the nature of this particular application, sometimes it will be necessary for the local authority to make an application “out of hours” – if this is the case the parent will be given the opportunity to participate in the telephone hearing that will take place.

Will I get Legal Aid for Emergency Protection Order Proceedings?

If you are a parent to the children, subject of the court application then you will be automatically entitled to non-means and non-merits tested Legal Aid for the duration of the proceedings. If you are another person (for example a grandparent or family member) who has parental responsibility for the children (by virtue of a Child Arrangements Order or Special Guardianship Order), then you will be automatically entitled to non-means and non-merits tested Legal Aid. However, if at any point during proceedings the Order that entitles you to Parental Responsibility is discharged, then at that point we would need to update the Legal Aid Agency and undertake a means and merits tested legal aid application. This means that your finances will be reviewed as to whether you are eligible for Legal Aid and also assess the merits of the application, as to why you should be entitled to Legal Aid.

Can I be legally represented in an application for an Emergency Protection Order?

Yes and you should contact a solicitor as soon as you get notice that there is going to be an application. At GT Stewart Solicitors we also have an out of hours service for these types of applications.

How long can an Emergency Protection Order last?

An EPO can only last a maximum of 8 days. After the Order expires the local authority must return the child. If they consider the child is still in danger, they must apply to extend the Emergency Care Order or apply for a Care Order, before the order expires. Should an Emergency Protection Order be granted, this will provide the local authority with parental responsibility along with those who already have parental responsibility. The local authority will only hold parental responsibility for the child for as long as the EPO lasts. It is not possible to appeal the decision of a court should an EPO be made. The child(ren) will be a Respondent to the proceedings and will be allocated their
own Children’s Guardian and solicitor.

Please see our free fact sheet on Emergency Protection Orders that answers some commonly asked questions.