As a parent few things are as likely to provoke feelings of panic, worry or fear for the future as the news that your child could be removed from your family home by social services. Emergency child protection cases are perhaps even more traumatic given the speed with which the situation can snowball.
If you’ve been given notice of an emergency child protection case involving your family, the swift nature of proceedings doesn’t mean that you must forfeit your legal rights. Whatever the circumstances that led to an emergency case being brought, having a clear idea of your options and the next steps is crucial to achieving the best possible outcome.
When can a child be removed from their home in an emergency?
If social services are involved with your family and believe that your child is facing an immediate risk of significant harm, they can be removed from your family home in order to safeguard their wellbeing. Your child may also be urgently removed if they are already suffering serious harm.
Your child can be removed from your care in two ways. The first way is under police powers of protection. Section 46 of the Children Act 1989 allows a police offer to remove your child from your home to protect them from serious harm for a period of up to 72 hours. The police offer does not require a court order to undertake this action if they believe it’s necessary to protect the child from harm.
The second way is via an Emergency Protection Order (EPO). This a court order which grants social services limited parental responsibility for your child and permits them to immediately place the child in alternative accommodation for their safety. This emergency measure is granted for a period of no more than eight days, during which time a care plan and longer-term safeguarding measures will be developed.
What legal rights do parents have during an emergency child protection intervention?
It’s common to fear that you may lose your voice and have little say in what happens next during an emergency child protection intervention however, this isn’t the case. You have the right to be informed about what is happening and why and should be updated at each stage of the investigation.
Your role as your child’s parent will be recognised and as such, you have the right to be treated fairly, remain fully informed and for your wishes and opinions to be heard.
Can I refuse to let child protective services take my child?
Social services can take your child without your consent if they have a court order (an Emergency Protective Order) which gives them permission to do so. Otherwise, they will need your consent to remove your child from the family home. You shouldn’t feel pressured to give this consent and if in doubt, always contact a solicitor experienced in family law before signing any paperwork.
What rights does my child have in an emergency child protection case?
Child protection cases exist to ensure the safety and wellbeing of the child and keep them safe from harm. During proceedings, the child’s safety is of paramount importance and as such they have a series of rights:
Protection from harm: Emergency child protection measures exist to keep children safe from significant harm. This could mean that they are removed from the family home to keep them safe. In limited instances these orders have also been used to ensure the child remains in a specific location, such as a hospital, to protect their best interests.
Parental contact: Children retain the right to have contact with their parents during emergency child protection cases. This continues if an EPO is granted with social services expected to facilitate reasonable and regular family contact.
The right to express their views: Children have the right to share their preferences and views during proceedings if they are old enough to do so. Their wishes should be considered in line with broader safeguarding considerations.
How long can an emergency child protection case last before a court hearing?
Emergency child protection cases are only initiated when it is believed that the child is at immediate risk of significant harm. They therefore move quickly to protect the child and keep them safe as soon as possible. If a social services investigation concludes there is an immediate risk, a court order could be issued to remove your child from their home within just a few days. You will be informed of this process and have the right to attend the court hearing.
Do I need a solicitor during an emergency child protection case?
An emergency child protection case is a serious matter and could result in your child being placed in alternative accommodation. While you can deal with social services and attend the court hearing without a solicitor, it’s always advisable to seek legal advice to ensure the best possible outcome in your case. A family solicitor will provide impartial guidance and can steer you through the entire process, help you liaise with social services and represent you in court.
If you’re facing an emergency child protection case, contact us now to find out how we can help your achieve the best outcome for your family.
