Knowledge is power – it is important you understand what an Emergency Protection Order is and what rights you have as a parent.

We understand how distressed and confused you must feel after hearing an Emergency Protection Order (EPO) may be made for your child.

Our Solicitors represent your interests to get the best outcome possible for your family.  Find out more from the Head of our Child Care Department, Martyn Wood.

What is An Emergency Protection Order (EPO)?

An EPO is made by the court to:

• Remove a child from where s/he is; or
• Keep them where they are

if this is necessary to provide immediate short-term protection.

Parents do not lose their parental responsibility for their children.  However, the Local authorities are given limited parental responsibility for the child whilst an EPO is in force.

EPO’s are very serious, the court must be satisfied making an EPO is both necessary and proportionate.

When Would the Court Grant an Emergency Protection Order?

The Court may only grant the order in different situations.

The Court must be satisfied that there is reasonable cause to believe the child is likely to suffer harm:

1. If they are not removed; or
2. They do not remain in their current placement.

If the Local Authority is making inquiries and the parent isn’t allowing them to see the child, they may feel they need the Court to make an EPO. This is when the Court feels it is not reasonable and it is urgent.

This happens if they feel it is unreasonable, or urgent to make sure the child is safe.

Are Parents Able to Appeal Against an Emergency Protection Order?

If you were not there when the EPO was made you can apply to discharge the order.

Are Parents Able to See Their Children During an Emergency Protection Order?

While the EPO is in force, the court will decide whether the child should be allowed reasonable contact with:

• Their parents
• Any other person with parental responsibility for them
• Anyone they were living with immediately before the order was made
• Anyone who has a child arrangements order

The Court can also attach conditions to an EPO to exclude someone from the home, or around the home. A power of arrest can be attached to this, it is called an exclusion requirement.

How Long Does an Emergency Protection Order Last?

An EPO can be made for a maximum period of 8 days, which could be extended by a further 7 days, making the maximum length 15 days.

They can only do this if the Local Authority has the power to apply for a Care Order. They must also believe that the child is likely to suffer significant harm if they end the EPO.

What Happens when an EPO Expires?

1. The child will be returned to the care of the person they were living with before they were removed; or
2. If they can’t return them to that person, to put them with –
   1. A parent of his
   2. Any person who is not a parent of his but who has parental responsibility for him

• Another that the application and Court agree is appropriate

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If you need any advice about EPO’s please contact our offices on 0114 3583134 and ask to speak to one our solicitors in the Care Department.

Our team will be able to help you with your next steps and get in touch with the legal team for the Local Authority.

You can also send us a message via our contact page and we can call you back.