Will I get Legal Aid for Emergency Protection Order Proceedings?

If you are a parent of the children subject to the court application, you will automatically be 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), you will also be automatically entitled to non-means and non-merits tested Legal Aid. However, if the Order that entitles you to Parental Responsibility is discharged during the proceedings, 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 to determine eligibility for Legal Aid and the merits of the application will be assessed to justify your entitlement to Legal Aid.

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

Yes, you should contact a solicitor as soon as you receive notice of an application. At GT Stewart Solicitors, we offer an out-of-hours service for these types of applications.

What is an Emergency Protection Order?

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

Sometimes, it will be necessary for the local authority to make an application “out of hours.” In such cases, the parent will be given the opportunity to participate in the telephone hearing that will take place.

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 EPO expires.

If an EPO is granted, the local authority will gain 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.

Disclaimer:  The material contained in this fact sheet is for general guidance only. It is specific to the law of England and Wales and represents a brief outline of the law current as at the date of the fact sheet. It is not intended to constitute, or to be a substitute for, legal advice specific to your case.

Information up to date as at 10/03/2023.