If social services become involved with your family due to fears that your child may be at risk of harm, they may take steps to ensure their safety. In the most serious of cases, the Local Authority may ask the court for permission to remove the child from the family home. If the court agrees there is a significant and immediate risk of harm, an Emergency Protection Order (EPO) could be issued under Section 44, Children Act 1989.
This order allows the local authority to remove the child from the family home. It will be granted for a maximum period of eight days but may be extended.
If you find yourself at odds with your Local Authority and are facing the prospect of your child being taken away from the family home, the stress and anxiety can make it difficult to think clearly.
If you wish to challenge the Emergency Protection Order (EPO) to prevent the urgent removal of your child, understanding your rights is vital. Read on to find out more about what an EPO means, what happens next and how you can challenge the decision.
How can a parent challenge an Emergency Protection Order?
The family court will only grant an Emergency Protection Order if remaining in the family home would pose an immediate risk to your child. The court must be satisfied that placing the child elsewhere (such as with a foster parent or a kinship carer) is the only way to reduce that risk and keep your child safe from harm.
You may not agree with the assessment that remaining in the family home would be harmful to your child. If that’s the case, you can challenge the EPO. You can make your representations at court during the hearing. You should do this with the support and guidance of a family law solicitor.
If you weren’t aware of the hearing: If you weren’t given notice of the EPO hearing, you can challenge it within 72 hours of the order being granted. You should be aware that this is a complex and fast-moving course of action. To give you the best chances of success, it’s advisable to enlist your family solicitor to navigate the process on your behalf.
What legal grounds are needed to oppose urgent child removal?
Urgent child removal is a last resort and will only take place when the child is suffering harm or is at risk of harm. The situation needs to be extremely serious and something of an emergency.
Once an EPO is granted, the Local Authority has the legal right to remove the child and place them in accommodation of their choosing. This means they’ll be taken from the family home and placed in alternative housing for the duration of the EPO.
The EPO requires the local authority to provide a reasonable amount of contact with your child during the period of separation. It is also expected that regular reviews take place to ensure that you aren’t separated for longer than necessary. However, due to its short lifetime, the Local Authority are likely to issue care proceedings before the expiry of the EPO.
The fast-paced nature of this type of case can leave you stressed, anxious and confused. While there are no legal grounds to oppose the order, you can challenge it on the following grounds:
- A hearing will usually be held very quickly. If you weren’t present at the hearing, you can apply for the order to be discharged within 72 hours of it being issued.
- You can also apply for the order to be discharged if you weren’t informed the hearing was taking place.
- Children are only removed from the family home in the most serious of cases. If you believe the risk to your child isn’t sufficient to warrant this course of action, you can object to the EPO at the hearing.
What evidence helps when disputing an EPO?
An EPO prioritises the immediate safety of the child. If you wish to challenge the EPO, you’ll need to show that the risks are not so great as to require immediate removal of your child. You’ll need to present compelling evidence to back up this claim. It’s also advisable to have a well-reasoned alternative to removal. This could include outlining how you’ll work with social services and your willingness to make changes to better safeguard your child in the short-term.
What legal advice should you seek when facing an EPO?
The prospect of your child being removed from your care is traumatic and going through the courts can feel intimidating. It’s important to seek legal advice as early as possible.
A family solicitor can help you understand the process and work with you to achieve the best outcome for your family. If your case goes to court, your solicitor can also represent you and present evidence to support your opposition to the order.
Can family members object to a child’s emergency removal?
Yes. Family members with parental responsibility for the child can object to the child’s emergency removal.
Our friendly, compassionate team is here to help you achieve the best outcome for your family. You can speak to us in confidence.
