Important emergency Links

Important Links and emergency protection orders.

Further legal help.

You may need other sources of advice and support. Here are some organisations which may be able to help you.

Legal advice

Civil Legal Advice provides information about whether legal aid is available for your case and whether you are eligible. Call 0345 345 4 345.

Citizens Advice provides free legal advice on a range of issues including immigration, housing and benefits. Find your local Citizen’s Advice Bureau here

Law Centres Network provides a directory of local legal advice centres in the UK. Find more information on where to find your nearest Law Centre here

Resolution provides access to specialist, accredited family law solicitors. See their online advice centre here

Law Society represents solicitors in England and Wales. Find a directory of practising solicitors here

Office of the Immigration Services Commissioner (OISC) provides information on issues relating to immigration law advice and choosing an immigration advisor here

Bar Pro Bono Unit provides free legal advice and representation from barristers.

Family Rights Group provides free and confidential advice to parents, family and friends when social services are involved with children. Call 0808 801 0366 or visit their online discussion boards here

Link to the Government website where you can search for a legal aid solicitor:

https://find-legal-advice.justice.gov.uk/

Immigration and asylum

Asylum Aid provides free legal advice and representation for those seeking asylum. Call 0207 354 9264.

Asylum Support Appeals Project (ASAP) provides free legal representation and information to asylum seekers on asylum support. Call 0203 716 0283.

Joint Council for the Welfare of Immigrants (JCWI) provides legal advice and information on immigration law.

Refugee Council provides advice and support on immigration and seeking asylum in the UK.

Further mental health help

Mental health

MIND provides information on issues relating to mental health including legal advice. Call 0300 123 3393.

SANE provides emotional support and advice on mental health. Call 0845 767 8000.

Learning disabilities

Mencap provides specialist support and advice for those with learning disabilities.

Further general help

DeafHope provides a sign-language based service designed to help deaf women and children affected by domestic violence.

Stalking

National Stalking Helpline provides support and advice on stalking and harassment. Call 0808 802 0300.

Paladin (The National Stalking Advocacy Service) provides advice and support to victims of stalking.

Victim Support provides a network of advice and support services for victims of crime. Call 0845 30 30 900. Find your nearest service here

Divorce and relationship breakdown

Gingerbread provides specialist support and practical advice for single parents. Call 0808 802 0925.

Family Mediation Council provides information about professional mediation services in England and Wales.

Relate provides advice on marriage, LGBT issues, divorce and parenting. Find your nearest service here.

Housing

Shelter provides free housing and homelessness advice. Call 0808 800 4444.

Money and debt

Money Advice Service provides advice on financial matters from managing debt to general budgeting advice.

National Debtline provides advice and support for dealing with debt. Call 0808 808 4000

Citizens Advice provides free legal advice on a range of issues including debt, housing and benefits. Find your local Citizen’s Advice Bureau here

Domestic violence

National Domestic Violence Helpline (England) provides a 24 hour helpline offering support and advice on domestic violence for women in England. Call 0808 2000 247.

All Wales Domestic Abuse and Sexual Violence Helpline provides a 24 hour helpline offering support and advice on domestic violence for women in Wales. Call 0808 80 10 800.

Broken Rainbow provides a 24 hour helpline offering support and advice on domestic violence for LGBT people in England and Wales. Call 0300 999 5428.

GALOP provides advice and support to LGBT people affected by domestic and sexual violence and hate crime. Call 020 7704 2040.

Victim Support provides a network of advice and support services for victims of crime. Call 0845 30 30 900. Find your nearest service here

Further help for women

BME women

Imkaan provides a network of Black and Minority Ethnic women’s organisations.

Forced marriage

Karma Nirvana provides a 24 hour helpline offering support and advice on forced marriage and honour based violence for women in England and Wales. Call 0808 2000 247.

Forced Marriage Unit provides support and advice to those at risk of being or who have been forced into a marriage whether in the UK or abroad. Call 020 7008 0151 or from overseas +44 (0)20 7008 0151

Female Genital Mutilation

Forward provides advice and information on FGM.

NSPCC provides a 24 hour helpline offering support and advice on FGM in England and Wales. Call 0800 028 3550.

Sexual violence

Rape Crisis provides advice and support on rape and sexual violence to women in England and Wales. Call 0808 802 9999. Find your nearest service here

Sexual Assault Referral Centres (SARCs) provide support, advice and counselling to victims of sexual assault. Find your nearest one, here

The Survivors’ Trust provides a network

of organisations that provide advice and support affected by rape, sexual violence and child abuse. Find your nearest service here

Victim Support provides a network of advice and support services for victims of crime. Call 0845 30 30 900. Find your nearest service here

Discrimination

Equality and Human Rights Commission provides advice and information on equalities and discrimination issues.

Emergency help

Police

Independent Police Complaints Commission (IPCC) provides information about making a complaint or appeal against your local police force.

GALOP provides advice and support to LGBT people affected by domestic and sexual violence and hate crime. Call 020 7704 2040.

Other

Samaritans provides a listening and support service for those in need.

Call 08457 90 90 90.

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Emergency Protection Orders and Police Protection

Emergency Protection Order

The Children Act 1989 makes provision under Section 44 for a child to be made the subject of an emergency protection order which is a form of compulsory intervention aimed at protecting the child.

An emergency protection order is used when there is reasonable cause to believe that a child is at immediate risk of significant harm, or Section 47 enquiries are being frustrated due to the parent/carer not allowing access to the child.

In these circumstances the social worker must ensure that emergency action is taken to protect the child.

· If it is necessary to remove a child , then the social worker should not seek to use Police Protection powers for this purpose

The social worker must consult with their line manager to consider further action, and following discussion and agreement with a Service Manager/s seek legal advice with a view to making an application for an emergency protection order.

Section 44 (1) sets out the grounds for making an emergency protection order.

This states that the court may make the order if it is satisfied that:

· There is reasonable cause to believe that the child is likely to suffer significant harm if:

She is not removed to accommodation provided by or on behalf of the applicant; or She does not remain in the place in which he is then accommodated

· In the case of an application made by a local authority:

enquiries are being made with respect to the child under section 47(1)(b); and those enquiries are being frustrated by access to the child being unreasonably refused to a person authorised to seek access and that the applicant has reasonable cause to believe that access to the child is required as a matter of urgency

In addition to the grounds set out in Section 44 the child’s welfare being paramount and the no order principles apply.

The welfare checklist does not apply.

Section 44(1)(a) requires the court to have reasonable cause to believe the child is likely to suffer significant harm.

The social worker applying for an Emergency Protection Order must demonstrate she has reasonable cause to suspect the child is suffering or is likely to suffer significant harm. “Reasonable cause to suspect” is not a difficult barrier to pass i.e. the threshold is quite a low one.

Effect of an Emergency Protection Order

Section 44 (4) states that whilst an emergency protection order is in force it:

· operates as a direction to any person who is in a position to do so to comply with any request to produce the child to the applicant

· authorises;

The removal of the child at any time to accommodation provided by or on behalf of the applicant and his being kept there; or

The prevention of the child’s removal from any hospital, or other place, in which he was being accommodated immediately before the making of the order; and

· gives the applicant parental responsibility for the child.

It should be noted that as regards parental responsibility the applicant should only take action that is reasonably required to safeguard or promote the child’s welfare.

If during the course of an emergency protection order the local authority finds that either:

· the child is safe

· the circumstances which led the local authority to believe that the child was likely to suffer significant harm have changed

it is possible for the child to be left in or returned to the care of the person from whose care he was removed, or if that is not practicable, a parent, person with parental responsibility, or any other person (with the court’s agreement) the applicant considers appropriate.

It is also possible for the child to be removed again if the circumstances change, within the scope of the original order if still within the period of the order.

Duration of an Emergency Protection Order

This cannot exceed eight days. If the court feels it to be appropriate it can fix the duration of the order for less than eight days.

If the child has been in police protection, the eight days begins from the first day of removal.

Before the order expires the local authority should decide whether there is a need to apply for any other order such as an interim care order, or apply for an extension of the emergency protection order. An extension to the order can only be made once and last for a maximum of seven days

An application to extend the order is a separate application. If an extension of the order is granted for a further seven days then no application for discharge can be made within the extended period.

Who May Apply?

· Any person

· Local authority

· An authorised person i.e. N.S.P.C.C. or any person authorised by the Secretary of State

· A police officer who is a “designated officer” where a child is in police protection

In circumstances where an emergency protection order has been obtained by a party other than the local authority, consideration should be given by the local authority as to whether it would be in the child’s best interests to take over the order. Similarly, if the order has been taken by a local authority which is not the authority in whose area the child normally lives, then consideration should be given to the local authority in whose area the child does normally live taking over the order.

Applications

Applications for an emergency protection order are usually made in the Family Proceedings Court. They can be made in the County Court or High Court if proceedings are pending in respect of the child.

Applications can be made ex parte i.e. without giving notice. The court is more reluctant to make ex parte orders since the Human Rights Act came into force.

The expectation will be that all EPO applications are made with notice. It is in exceptional circumstances that they will be made ex parte and will be because the child’s safety demands this.

If an order is made ex parte the applicant has to serve a copy of the application on each respondent within 48 hours of the order being made.

When an order has been made ex parte any respondent can apply to the court for the order to be discharged after 72 hours.

For applications to be heard inter parties i.e. after notices have been sent to all the parties, a period of one day’s notice is required in order to serve the application upon respondents.

Where there has been an inter parties hearing for an Emergency

Protection Order, no person who was present at the hearing

will be allowed to apply to discharge the order.

There is no appeal against the making of, or refusal to make, an emergency protection order

The Main Features of Emergency Protection Orders

The main features of Emergency Protection Orders are summarised in Department of Health Guidance as follows:

The court has to be satisfied that the child is likely to suffer significant harm or cannot be seen in circumstances where the child might be suffering significant harm

Duration is limited to eight days with a possible extension of seven days

Certain persons may apply to discharge the order after a period of 72 hours

The person obtaining the order has limited parental responsibility

The court may make directions as to contact with the child and/or medical or psychiatric examination or assessment. The child may refuse the examination or assessment if he is of sufficient understanding to make an informed decision.

There is provision for a single justice or even a Justice’s Clerk to make an emergency protection order

Applications may be made in the absence of any other parties (i.e. ex parte), and may, with the leave of the clerk of the court be made orally

The application must name the child, and where it does not, must describe him as clearly as possible.

Powers of Entry

Section 48(3) allows the court to authorise a social worker or other applicant to enter and search premises for a child who is the subject of an emergency protection order. This authorisation may be given when the court makes the order.

It is important that social workers name every address that they wish to search, when making their application.

If the social worker believes there may be another child on the premises to be searched, who ought to be the subject of an emergency protection order, she can ask for an order authorising her to search for the child under Section 48(4).

Section 48(5) states that if, on searching the premises the second child is found, and the social worker believes there are sufficient grounds for making an emergency protection order, the order authorising the search for the second child may be treated as an emergency protection order. The social worker should inform the court of the result of the search and whether the authority to search for the child is now being treated as an emergency protection order.

In most cases the social worker will know if there are any other children and should, if there are grounds, apply for an emergency protection order for each child. This provision covers situations where the social worker believes there may be another child but cannot identify that child specifically.

It is a criminal offence to obstruct an authorised person exercising her powers under Section 48(3) and (4).

If it is anticipated that obstruction may occur then the court can issue a warrant authorising a police officer to assist a social worker in entering and searching the named premises under Section 48(9).

If any difficulties in gaining entry are foreseen or if the social worker believes she may be intimidated, threatened or physically prevented from carrying out this part of the order, she should obtain a warrant at the same time as obtaining the emergency protection order.

Procedure to be followed in obtaining an Emergency Protection Order

The social worker must always discuss the situation fully with their team manager or duty manager to ensure that the situation they are faced with is really an emergency. They must consider;-

Is the child at immediate risk of significant harm if:

(i) he is not removed to accommodation provided by or on behalf of the applicant, or

· (ii) he does not remain in the place in which he is then being accommodated.

Have all other options been considered? For example, even if you believe that the child’s removal is necessary, you must have asked the parents to co-operate with a plan for the child to be placed safely within the wider family network or accommodated pending further assessment either social or medical.

Can a decision to remove the child wait until the social worker and team manager can refer the case to the Case Review Panel? Has a single or multi agency package of support been considered which could enable the child to remain safely at home, prior to the Case Review Panel, when further options including a LbP and Pre Proceedings meeting can be discussed.

If the social worker and team manager consider that an emergency protection order must be sought, the decision to proceed with the application must be endorsed by the Service Manager/s. The decision and the rationale for the making of that decision must be recorded on both the file observation and the supervision record by the Service Manager.

· Following consultation and agreement with the team manager and Service Manager(s), the social worker can contact Children & Families Litigation Team to discuss with one of the solicitors. The solicitor will take details and you will need to explain:

why you believe the child is at imminent risk of harm

what the harm is and your evidence for it

why access is being refused

why does action need to be taken now without notice to the parents.

whether the parents have been asked to accommodate the child and warned of a possible court application if they refuse.

The solicitor will establish whether or not the grounds are met and will give further advice if the application for an emergency protection order is not considered appropriate, e.g. perhaps it is a situation where it would be more appropriate to issue Care Proceedings by notice.

· If the application is considered appropriate the solicitor will contact the Family Proceedings Court and will, in appropriate circumstances, make application to the Clerk to the Justices for leave to apply for an ex parte emergency protection order.

· If leave is granted the solicitor will inform the social worker and she will need to attend the Family Proceedings Court to make the application in person.

Do not panic at this stage. Make sure you have the necessary information and that you are clear about your reasons for considering the situation an emergency. You should consult with your team manager or duty manager if necessary.

Complete forms:
C 1 Application for an Order (sample application form is attached in the Appendices )

C 11 Supplement for an Application for an Emergency Protection Order (sample application form is attached in the Appendices)

Consider whether you need a warrant to gain access to the home and if you need the police to accompany you. If so you will need form C19 Application for a Warrant of Assistance (sample application form is attached in the Appendices).

If the child has been injured and seen by a doctor try to obtain a medical report to take with you to court.

If possible prepare a written report setting out the reasons for the application and the initial plans for the child. This may not always be possible given the time constraints in which case you will be able to give your evidence verbally.

Once at court report to the Family Court Proceedings Office. The Court Clerk will check your application forms and take you before the magistrates. You will be asked to take the oath or affirm and will have to explain the situation emphasising its emergency nature. The Magistrates will retire to make their decision. If the application is granted they will compile their reasons so this may take some time.

If the court makes the order they will type it up immediately and if necessary you can take it to the police station if you have been granted a warrant for assistance in order to request that a police officer goes with you to gain access to the home. Do not leave court without the order

Ask the Clerk for 5 or 6 copies of the order- 1 for each parent, 1 for social work file, 1 for the solicitor, 1 for hospital/foster carer etc.

Telephone Child Care Litigation to inform them that the emergency protection order has been granted and the expiry date.

Copy information to the Service Manager for the Independent Reviewing Service

Usually emergency protection orders are followed by the initiation of care proceedings. You need to inform the Child Care Litigation Team on the day the order is made or the following day if you want to issue proceedings, as they need to give parents 3 days notice of intended proceedings. This decision will be made with your team manager and Service Manager(s).

· If an emergency protection order has been applied for and granted, then the case will be presented to the next Case Review Panel by the responsible team manager. The team manager must be able to demonstrate all alternatives considered /explored in any case where remaining in care is the option being recommended

In some circumstances in order to safeguard a child’s safety and prevent a child suffering harm/ likely harm, it is necessary to proceed to court without all completed documentation

Some children therefore may be made the subject of an emergency protection order with no core assessment or an incomplete core assessment. If this is the case and a decision is made to issue proceedings, then the court will need to be informed as to the reason why the core assessment has not been filed and the anticipated filing date.

Out of Hours Procedure

The Out of Hours Service is delivered by a team comprising of a team manager, seven deputy team managers and two support workers. Additional staff from the area teams support the Out of Hours team by working shifts on a rota basis. Calls are received by the Out of Hours Service in the 101 Shared Service with South Yorkshire Police.

If it gets to 4.30.pm or later and a decision to make an application has been made it may not be possible to get the matter heard at court. The social worker should contact the magistrates’ clerk. The telephone numbers can be obtained from the Out of Hours service. The clerk will enquire into the circumstances of the application and will need to be satisfied about the application prior to contacting a magistrate and making arrangements for the social worker to go to their home to make the application.

It is important that the social worker prepares the information and takes the application forms with her/him if an application is made in these circumstances.

If an order is made outside core hours its imperative that the Out of Hours Service is notified in case they are called throughout the night or over the weekend period.

Police powers should only be used in exceptional circumstances, where there is insufficient time to seek an emergency protection order or for reasons relating to the immediate safety of the child.

The Role of the Team Manager

The process of obtaining an emergency protection order is not necessarily difficult in itself but it is done in the context of anxiety about the safety of a child, and the knowledge that there will be possible violence or aggression from parents in the execution of the order.

This needs to be acknowledged by the social worker and team manager, and a clear process for consultation/advice agreed prior to the social worker attending court.

The social worker making the application for an emergency protection order should be accompanied by another experienced social worker or a team manager. Also, when executing the order the expectation is that either an experienced social worker or a team manager should accompany the worker. Arrangements must be made for telephone advice/consultation from the team manager throughout the process.

Once the order is obtained the process of gaining access to the child may be difficult even with police assistance because of likely distress on the part of the parents and the child. On occasions the process of getting the emergency protection order and the executing of it can be a fairly lengthy process, and the social worker is likely to be working out of hours. The need for support both on the day and the need for debriefing time should be agreed between the social worker, Team Manager, and Assistant Service Manager.

Police Protection

The police have important powers to protect children under Part V of The Children Act 1989.

Section 46(1) states that:

Where a constable has reasonable cause to believe that a child would otherwise be likely to suffer significant harm, he may;

remove the child to suitable accommodation and keep him there, or

Take such steps as are reasonable to ensure that the child’s removal from any hospital, or other place, in which he is then being accommodated is prevented.

Once such action is taken the child is said to be in “Police Protection” and can be kept there for up to 72 hours.

Police Responsibilities Once a Child Has Been Taken Into Police Protection

As soon as is reasonably practicable after taking the child into police protection the constable concerned must:

· Ensure that the case is enquired into by a designated police officer. That officer, on completing the inquiry, has to release the child from police protection unless he considers that there is still reasonable cause to believe that the child would be likely to suffer significant harm if released (Sections 46(3)(e) and (5)).

· Inform the local authority within whose area the child was found of the action taken and the reasons for taking the child into police protection (Section 46(3)(a)).

· Inform the local authority within whose area the child normally lives where the child is being accommodated (Section 46(3)(b).

· Inform the child if he seems capable of understanding, the steps that have been taken, the reasons for taking them and of further steps that may be taken under this section (Section 46(3)(c)).

Take steps to establish the child’s wishes and feelings (Section 46(3)(d)).

Where the child was taken into police protection other than to accommodation provided on behalf of a local authority or to a refuge, ensure that he is moved to such accommodation (Section 46(3)(f)).

Take steps to inform the child’s parents, every other person who is not a parent of his but who has parental responsibility for him and any other person with whom the child was living immediately prior to being taken into police protection, the steps he has taken under Section 46, the reasons for taking them and the further steps that may be taken (Section 46(4)).

The Responsibilities of the Designated Officer

The designated officer, who will usually be the uniformed Duty Inspector for the relevant police district, has a number of responsibilities in addition to inquiring into the case:

He may apply for an emergency protection order to be made in respect of the child. The application can be made whether or not the local authority know of it or agree to it being made (Section 46(7) and (8)). In practice this should not happen due to effective communication between the police and the local authority. The police and the local authority need to be in close liaison once a child has been taken into police protection.

Police Protection does not confer parental responsibility. However, the designated officer must promote the child’s welfare.

He must allow contact with the child if in his opinion, it is both reasonable and in the child’s best interests, by the child’s parents, anyone else who has parental responsibility or anyone with whom the child was living before he was taken into police protection, and any person who has a contact order with respect to the child. If the child in police protection is accommodated by the local authority, the authority is required to allow contact with these people (Section 46(11)).

Duty of the Local Authority

Section 47(1)(a) states that when a Local Authority is informed that a child who lives, or is found, in their area is in police protection they are under a duty to “make or cause to be made such enquiries as they consider necessary to enable them to decide whether they should take any action to safeguard or promote the child’s welfare”

The notification that a child is in police protection will therefore trigger an Initial Assessment that will consider the need for a Core Assessment and section 47 enquiry. If the child’s case is already open then consideration must be given to whether a section 47 enquiry is required.

The Local Authority is required to undertake an assessment of a child and his/her circumstances. However, if it is necessary to maintain the child’s safety and well being outside of their parents’ care, then all other options within the wider family must be explored and considered, prior to accommodation of the child.