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Emergency Protection Order

Children Act 1989, s.44

  • Warrant: No
  • Force: No
  • Notice: No

A court may make an emergency protection order (EPO) if it is satisfied that there is reasonable cause to believe that a child is likely to suffer significant harm if not removed to accommodation provided by or on behalf of the applicant, or if enquiries are being frustrated by access to the child being unreasonably refused. An EPO authorises the removal of the child and gives the applicant parental responsibility for the duration of the order.

Conditions

  • The court must be satisfied that the child is likely to suffer significant harm without the order
  • Alternatively, enquiries under s.47 are being frustrated by unreasonable refusal of access
  • The applicant is usually the local authority or an authorised person (NSPCC)
  • The order must specify the child and the period (maximum 8 days, extendable by 7)

Limitations

  • The EPO gives temporary parental responsibility only: it does not transfer full parental rights
  • The child must be returned if it appears safe to do so before the order expires
  • The order may be challenged after 72 hours by an application to discharge
  • Contact with parents must be allowed unless the court directs otherwise

Last updated 24 September 2026