Child Care Videos

Date when Video was Published: 17/10/2023

An Emergency Protection Order allows 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 the child is not removed to accommodation provided by the Local Authority or the child does not remain in the place in which the child is being accommodated. The order can also be applied for if 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. 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. An Emergency Protection Order can initially only be granted for a maximum period of 8 days. It can then be extended for up to a further 7 days. 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. 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, or 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. Duncan Lewis Solicitors have specialist solicitors who represent clients in this niche area of law. Please visit our website or call us directly on 033 3772 0409

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This video content was created on 17/10/2023 to provide an overview of the legal position and the information was correct at the time this video was created. This video has been produced for purposes of generic information and marketing purposes only. While the information on this site is about legal issues, it is not intended as legal advice or as a substitute for the particularised advice of your own legal advisor. Please consult one of our lawyers to provide you with advice and assistance on any matters touched on this video. Viewing of this video does not create legally binding advice and does not create a retainer with Duncan Lewis Solicitors. This video is Copyrighted at Duncan Lewis Solicitors 2023. Any illegal reproduction of this content is prohibited and will result in immediate legal action.