Hearing the words “Emergency Protection Order” can be one of the most terrifying moments in a parent’s life. Everything moves fast—social workers, police, courts—and it can feel like you have absolutely no control.
At Looked After Child, we believe that even in the scariest moments, knowledge is your best defence. This guide breaks down exactly what an EPO is, using the actual text of the law so you know where you stand.
Table Of Contents
1. The Legal Definition: Section 44
An Emergency Protection Order (EPO) is a short-term court order made under Section 44 of the Children Act 1989.
The court will only grant this order if they are satisfied of one of the following specific grounds:
- The “Significant Harm” Ground (Section 44(1)(a)): There is reasonable cause to believe the child is likely to suffer significant harm unless they are:
- Removed to safety immediately (e.g., to foster care); or
- Kept in a safe place (e.g., kept in hospital against parents’ wishes).
- The “Frustrated Access” Ground (Section 44(1)(b) & (c)): This is often used when parents refuse to let social workers see a child. The court can grant an EPO if:
- Social services are making urgent enquiries about a child’s welfare; and
- Those enquiries are being “frustrated” because they are being unreasonably refused access to the child.
2. What Powers Does the Order Give?
Under Section 44(4), the order gives the applicant (usually the Local Authority) three specific powers:
- Direction to Produce: Anyone with the child must hand them over.
- Removal or Retention: They can remove the child to safe accommodation or keep them in a safe place (like a hospital).
- Parental Responsibility: The Local Authority shares Parental Responsibility (PR) for the child.
Important Limit (Section 44(5)): The law says the Local Authority should only use this Parental Responsibility to take actions “reasonably required to safeguard or promote the welfare of the child.” They do not have total control over every aspect of the child’s life.
3. Your Rights: Contact & Medical Exams
Even with an order in place, the law protects specific rights for the family.
- Right to Contact (Section 44(13)): The Act states the applicant “shall allow the child reasonable contact” with their parents, unless the court specifically directs otherwise. You have a legal right to ask for this.
- Medical Assessments (Section 44(6)): The court can order a medical or psychiatric assessment. However, under Section 44(7), if the child is of “sufficient understanding” (often called Gillick competence), the child may refuse to submit to the examination.
4. Returning the Child Early (Section 44(10))
An EPO does not have to run its full course. The law places a duty on the Local Authority to return the child if it becomes safe to do so.
Section 44(10) states that if it “appears to [the Local Authority] that it is safe for the child to be returned,” they must return the child to the care of their parents.
5. How Long Does It Last?
- Initial Period: Maximum of 8 days.
- Extension: The court can extend it once for a further 7 days.
- Maximum Total: 15 Days.
6. Practical Advice for Families
- Do Not Obstruct: Under Section 44(15), it is a criminal offence to intentionally obstruct someone exercising the power to remove a child. You could be fined or arrested.
- Get a Solicitor: Find a member of the Law Society Children Panel immediately.
- The 72-Hour Challenge: If you were not present when the order was made (an “ex parte” hearing), you have a right to apply to discharge the order after 72 hours.
Need to speak to someone?
- Family Rights Group: 0808 801 0366
- Coram Children’s Legal Centre: www.childrenslegalcentre.com
Disclaimer: Looked After Child Limited provides information, not legal advice. If you are involved in court proceedings, please seek professional legal representation.
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