An Emergency Protection Order (EPO) allows a child to be either removed from their home or remain within their current environment if it ensures their safety. These measures are only granted by the court when there are reasonable grounds to believe that the child is at risk of suffering significant harm if:
- The child is not removed to accommodation provided by the Applicant;
- The child does not remain in the place in which the child is being accommodated;
- Section 47 enquires are being frustrated by unreasonable refusal of access to the child and the Local Authority has reasonable cause to believe that access is needed as a matter of urgency.
Duration of an Emergency Protection Order
Initially, an EPO can last for a maximum of 8 days, with the possibility of an extension of up to 7 additional days, bringing the total duration to 15 days. Extensions are granted only if the court finds reasonable cause to believe that without the order, the child would likely face significant harm.
Rights of Parents and Guardians
While there is no formal right to appeal an Emergency Protection Order, parents or guardians who were not given notice of the hearing or were absent when the EPO was issued can apply to the court for the order to be discharged. This safeguard ensures that those directly involved in the child's life have an opportunity to present their case, even if the order was made without their initial knowledge.
The Broader Purpose of Emergency Protection Orders
Emergency protection orders are not ends in themselves but serve as the first step in addressing crises that jeopardise a child's safety. They provide critical breathing space for authorities to investigate the situation thoroughly and determine the most appropriate long-term solution. While EPOs can save lives and prevent further harm, their ultimate goal is to foster stability and happiness for the child, ensuring their well-being beyond the immediate crisis.
For families facing such urgent situations, expert legal guidance is essential.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
