Your question: Can a parent apply for an emergency protection order?

If you are a parent who believes their child is at risk of imminent harm whilst in the care of a local authority, carer or parent, you can apply for an EPO…. So, don’t be shy. The law is there to help you, don’t be afraid to use it. The blog is technically correct – you CAN apply.

Can a parent apply for an EPO?

Parents / those with Parental Responsibility / any person with whom the child was living immediately before the making of the EPO, may apply to the court for the discharge of an EPO made ex parte.

Who can apply for an emergency protection order?

Anyone can apply to the court for an emergency protection order if they fear that a child is in danger, but almost all applications are made by local authorities. Applications often tend to be made at short notice because of the nature of the order.

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Who has parental responsibility under emergency protection order?

If granted by the court, an Emergency Protection Order (EPO) gives the applicant the power to remove a child or keep a child in a safe place for a specified duration. It gives the applicant parental responsibility but this is limited to whatever is required to protect the child’s welfare.

What are the grounds for an EPO?

An application for an EPO should only be made by the Local Authority in exceptional circumstances where there are compelling reasons which require the Local Authority to share Parental Responsibility for the child and, where necessary, separate the child from the care of his or her parents.

What factors affect custody?

Some of the most common factors that impact a child custody decision include:

  • Age and sex. …
  • Health of the child. …
  • Special needs. …
  • Physical and mental health of parents. …
  • Emotional ties with each parent. …
  • Ability for parent to provide care. …
  • Family history of domestic abuse. …
  • History of substance abuse.

Who can apply for a care or supervision order?

It expires automatically when the child reaches the age of 18. Only the Local Authority (or very rarely NSPCC) can apply for a Supervision Order. The Local Authority may make an application for a Supervision Order or it may be ordered by the Court following an initial application for a Care Order.

What is the difference between a child protection plan and a child in need plan?

A child in need plan operates under section 17 of The Children Act 1989 and doesn’t have statutory framework for the timescales of the intervention. … A child protection plan operates under section 47 of The Children Act 1989, and happens when a child is regarded to be suffering, or likely to suffer, significant harm.

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How long does an emergency protection order last for?

How long does an EPO last? An Emergency Protection Order usually lasts for up to eight days. However, an application may be made to extend this. This will be granted for up to 7 days if there is reasonable cause to believe that the child is at risk of significant harm.

Who does a child protection plan support?

Purpose of child protection plan

Promote the child’s welfare, health and development; Provided it is in the best interests of the child, to support the family and wider family members to safeguard and promote the welfare of their child.

What is Section 47 of the Children’s Act?

Under section 47 of the Children Act 1989, where a local authority has reasonable cause to suspect that a child (who lives or is found in their area) is suffering or is likely to suffer significant harm, it has a duty to make such enquiries as it considers necessary to decide whether to take any action to safeguard or …

What is Section 20 of the Children’s Act?

What is a Section 20? Section 20 of the Children Act 1989 sets out how a Local Authority can provide accommodation for a child within their area if that child needs it, due to the child being lost/abandoned or there is no person with parental responsibility for that child.

What is a protection order for a child?

A Child Protection Order is a court order granted by a Sheriff when it is believed a child is likely to be harmed or has suffered significant harm and needs to be immediately moved to keep them safe.

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What happens after a EPO?

Protection order: Once an EPO expires, a long-term protection order may be implemented. Generally speaking, such orders remain active for one to several years; however, in a particularly serious situation, the court may issue a lifetime order.

What does a prohibited steps order do?

A Prohibited Steps Order is an order which prohibits a party (usually a parent) from a certain activity relating to a child(ren), and which also prohibits a party from exercising their parental responsibility.