Emergency Protection Orders
Local Authorities can apply for an Emergency Protection Order when there is reasonable cause to believe that the child is likely to suffer immediate significant harm if they are not removed into Local Authority accommodation or do not remain where they are being accommodated.
Emergency Protection Orders are time limited and can only be made for up to eight days, with the Court only able to extend the order once for a further seven days, where the Court accepts that the child is likely to suffer significant harm if the order is not extended.
If you are a parent and the Local Authority has told you that it intends to apply for an Emergency Protection Order, it is important that you have legal advice and representation straight away. There will often be a very short period of time between the Local Authority telling you that it intends to make an application and the Court dealing with it.
If an Emergency Protection Order has been made without notice to you (without you being told about the Court hearing), you can make an application for the Emergency Protection Order to be discharged. If you have been told that an Emergency Protection Order was made without notice to you, again, you need to have legal advice urgently.
We regularly represent parents and children in Emergency Protection Order applications. The Court of Appeal has made clear that these are ‘draconian’ and ‘extremely harsh’ orders requiring ‘exceptional justification’ and ‘extraordinarily compelling reasons’.
We have a good record of successfully defeating applications by the Local Authority to remove children under these orders. Legal aid is automatically available for parents to be represented in these applications.
Contact our Emergency Protection Order Solicitors in Wakefield on 01924 332395.