Emergency Protection Order Solicitors

+ Who can Apply for an Emergency Protection Order?

In most cases, an application for an Emergency Protection Order is made by the local authority, following concerns raised by social services, schools, healthcare professionals or the police. In limited circumstances, other bodies such as the NSPCC may apply. While family members do not usually apply directly for EPOs, relatives or professionals who are worried about a child’s immediate safety can play a crucial role by raising concerns with the local authority, prompting safeguarding action.

Whether you are a parent responding to an application, a professional or family member seeking advice about protecting a child, early legal guidance is essential. The decisions made at this stage can shape everything that follows.

+ What Criteria Does the Court Use to Grant an EPO?

The court will only make an Emergency Protection Order if it is satisfied there is reasonable cause to believe that the child is likely to suffer significant harm unless action is taken.

Crucially, the risk must be imminent. It is not enough for there to be general concerns or ongoing worries, the court must be persuaded that the child is unsafe now and that intervention is required to prevent harm.

The judge must also consider whether a less drastic alternative could keep the child safe, such as placing the child with a trusted family member or making a different interim order. An EPO will only be granted where it is a proportionate and necessary response to the situation.

+ What Can You Do as a Parent if an EPO has Already Been Made?

If you have been served with an Emergency Protection Order, it’s crucial to act without delay. At Farnworth Rose, we can apply to the court to discharge the order under section 45(8) of the children act 1989, particularly where the application was made without notice or where the situation has been presented in a way that does not reflect the full picture.

We will scrutinise the local authority’s evidence carefully, focusing on whether the risk was truly imminent, whether the order was proportionate, and whether safer family-based alternatives, such as the child staying with grandparents or other relatives, were properly explored.

Where appropriate, we can also seek a court hearing so your position is heard as soon as possible, especially if you were not given the opportunity to respond before the order was made. Just as importantly, we will help you prepare for what may happen next, including any move towards care proceedings and an application for an Interim Care Order (ICO).

Our team is experienced in identifying procedural issues, including whether the local authority met its duty of full and frank disclosure to the court. If the judge was not given all relevant information, we will act decisively to challenge the order and protect your rights and your child’s welfare.

+ What Happens After an Emergency Protection Order Expires?

At the end of the EPO period, the local authority must decide how to proceed. Typically, one of the following outcomes occurs:

• The child is returned home if the immediate risk has passed.
• The parents agree to voluntary accommodation of the child under section 20 of the children act 1989.
• The local authority begins care proceedings, applying for an Interim Care Order. This is the start of a longer-term case which may last up to 26 weeks.

Whatever happens next, you need expert representation to ensure your rights are protected and your voice is heard. Our team will remain by your side, explaining your options and ensuring the process is handled with fairness and legal precision.

+ How is an emergency protection order different from other child protection orders?

An Emergency Protection Order (EPO) is different because it’s a short-term measure used only where a child is believed to face risk of significant harm, and it can be made very quickly, sometimes without notice to parents. Other child protection orders, such as an Interim Care Order, are part of longer-term care proceedings and are used where the court needs ongoing oversight and decisions about a child’s care beyond an emergency.

+ How do you apply for an emergency protection order?

An Emergency Protection Order is usually applied for by the local authority, and it’s made to the family court under section 44 of the children act 1989. The applicant must file evidence explaining why the child is at risk of significant harm and why no less drastic option would keep them safe; the court may hear the application at short notice and sometimes without notice to the parents. If you’re a family member or professional concerned about a child, the practical first step is normally to raise the safeguarding concern with the local authority (or the police if there is immediate danger), who can then consider protective action and, where necessary, make the application to court.

+ Can an emergency protection order be applied without notice to the parents?

Yes. In certain situations, the court can make an emergency protection order without notice to the parents (often called an “ex parte” or “without notice” application). Because parents may not be present to respond, the local authority must give the judge full disclosure of all relevant information, and parents can usually apply to the court promptly to challenge or discharge the order once they are informed.

+ What evidence is needed to obtain an emergency protection order?

To obtain an EPO, the applicant must provide evidence giving the court reasonable cause to believe the child is likely to suffer significant harm unless action is taken. This usually includes a detailed witness statement (often from a social worker) setting out the risks, what has happened, why the situation is imminent and why no safer, less drastic alternative (such as placement with a relative) would protect the child. The court can consider hearsay evidence where necessary, but the source must be clearly identified and the concerns must be supported by clear, credible information.

+ What does “significant harm” mean in the context of an emergency protection order?

In the context of an Emergency Protection Order, “significant harm” means harm that is serious enough to justify the court intervening urgently in a child’s life. It can include physical, emotional or sexual abuse, as well as serious neglect, and the court must be satisfied there is reasonable cause to believe the child is likely to suffer that level of harm imminently unless protective action is taken.

+ Are there alternatives to an emergency protection order in urgent situations?

Yes. Even in urgent situations, the court will consider whether a less drastic option could keep the child safe before making an Emergency Protection Order. Depending on the circumstances, alternatives can include the local authority arranging family or friend care, seeking a child assessment order, or using voluntary arrangements such as accommodation under section 20 (where appropriate and genuinely agreed). In most emergencies, the police may also use police protection powers for up to 72 hours to secure a child’s safety while longer-term options are considered.

+ Are there alternatives to an emergency protection order in urgent situations?

An EPO is a short-term emergency measure. It lasts for a maximum of 8 days, with a possible extension of up to 7 additional days if the danger is still considered ongoing. Importantly, the local authority does not gain unlimited parental rights under an EPO. Any power granted must be used strictly for the purpose of safeguarding the child.