Emergency Protection Orders (EPO)

Emergency Protection Orders (EPO)

What is an Emergency Protection Order?

An Emergency Protection Order enables a child at risk of harm to be removed from their home, or remain in the home, if this is necessary and provides the child with both immediate and short-term protection.

The Court can only make an Emergency Protection Order if it is satisfied that there are reasonable grounds to believe that the child is likely to suffer significant harm if:

1. The child is not removed to accommodation provided by the Applicant; or
2. The child does not remain in the place in which the child is being accommodated; or
3. 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.

An Emergency Protection Order gives limited Parental Responsibility for the child to the person who is named in the order. Such parental responsibility must only be exercised to the extent that it is necessary to safeguard the child’s welfare.

Before granting an Emergency Protection Order, the court must be satisfied that the Emergency Protection Order is necessary and proportionate and that there is not any other less radical form of order available that can offer the same protection.

How long does an Emergency Protection Order last for?

An Emergency Protection Order can initially only be granted for a maximum period of 8 days. The Emergency Protection Order can be extended for up to a further 7 days, meaning an Emergency Protection Order can be in force for a maximum of 15 days in total.  The Court is only able to order the mentioned extensions if it has reasonable cause to believe that the child is likely to suffer significant harm if the order is not extended.

Can I appeal an Emergency Protection Order?

There is no right of appeal against an Emergency Protection Order, however a parent can make an application to the court for an Emergency Protection Order to be discharged. This right to apply to discharge the Emergency Protection Order is limited to those who were not given notice of the Emergency Protection Order and were not present at the hearing when the initial order was made.

What will happen next?

Once an Emergency Protection Order is made, the Local Authority will decide what the next steps are. They may decide to make an application to extend the Emergency Protection Order, they may decide to initiate Care Proceedings and make an application for an Interim Care Order or they may decide to return the child to the care of the parents or guardian.

How can Duncan Lewis Solicitors help?

Duncan Lewis Solicitors have specialist solicitors who represent parents, family members and children within this area of law.  Our solicitors, trainees and caseworkers also speak a range of languages to assist clients where required with any language barriers.

Duncan Lewis is recommended by The Legal 500 legal directory for its specialism in all aspects of family and children law nationwide and cross-border. The Legal 500 applauds our family and child care solicitors to be a team of lawyers that are ‘friendly professionals who take their time to understand your case’. Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children.

How will the matter be funded?

Duncan Lewis Solicitors are able to provide free legal aid for these types of applications if you are the subject child, a biological parent or someone with parental responsibility for the subject child. Duncan Lewis Solicitors are also able to potentially provide free legal aid to any other respondent in such an application such as a family member, however such an application maybe means and merit tested. Our Children Law team are able to discuss funding options with you and can assess you for legal aid.

A fixed fee quote or a quote or the hourly rates charged by your legal representative may also be provided. Potential quotes for such funding will be confirmed with you in advance of any work being undertaken on your matter.

For expert legal advice on all family and childcare matters, contact Duncan Lewis Solicitors on 033 3772 0409.