This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Emergency Protection Orders (EPOs) provide immediate protection for children at risk. Learn about the legal process, rights of parents, and how courts handle emergency custody decisions in the UK.
In cases where children are in immediate danger, the law in England and Wales provides for Emergency Protection Orders (EPOs). These orders are designed to ensure a child’s immediate safety when there are concerns about their welfare, and when action is needed quickly to protect them from harm. This article explains how Emergency Protection Orders work, the legal process for obtaining one, the rights of those involved, and the impact these orders can have on the child’s future.
What is an Emergency Protection Order (EPO)?
An Emergency Protection Order (EPO) is a legal order granted by the court under the Children Act 1989. It allows authorities, such as the police or local authorities, to remove a child from their home or prevent them from being removed, if there are concerns about their immediate safety or wellbeing.
EPOs are temporary measures, designed to last for a maximum of 8 days, during which time social services or other professionals will assess the child’s situation and determine what further actions are necessary to protect the child. If the child’s safety is still at risk after the EPO expires, further proceedings may be initiated to provide ongoing protection.
Who Can Apply for an EPO?
An EPO can be applied for by the local authority (social services), a police officer, or in some cases, by any other person who is concerned about the child's welfare. The application must be made to a Family Court.
Typically, social services will apply for an EPO if they believe that a child is at significant risk of harm, but time is needed to assess the situation further. In urgent cases, a police officer may apply for the order to remove a child from immediate danger, such as if they are at risk of abuse or neglect.
When Can an Emergency Protection Order Be Issued?
EPOs are issued in cases where a child is believed to be in immediate danger. This can include situations where there are concerns about physical harm, emotional abuse, neglect, or sexual abuse. The following conditions must generally be met for an EPO to be granted:
- Imminent risk of harm: The child must be at immediate risk of harm if they are not removed from the current environment.
- No alternative solutions: If there are no other reasonable measures that can be taken to safeguard the child without removing them from their home.
- Urgency of the situation: There must be sufficient urgency to justify the immediate intervention by the court, without waiting for a full hearing or longer legal process.
What Does an EPO Allow?
When an Emergency Protection Order is granted, it gives the applicant specific powers to protect the child:
- Removal of the child: The child can be removed from the care of their parents or guardians and placed in care, either in a foster home or under the supervision of social services.
- Preventing the child from being removed: The order can also stop the parents or anyone else from removing the child from the jurisdiction, for example, if there is a risk that the child might be taken abroad to evade protection measures.
- Access to the child: The order may include provisions about who may have contact with the child, and under what conditions.
An EPO is temporary, lasting for up to 8 days. During this time, the child may be placed under the care of social services, and professionals will assess whether the child should be placed in long-term care or whether further action is needed to protect them.
The Court Process for Obtaining an EPO
Step 1: Application
To obtain an Emergency Protection Order, the applicant must apply to the Family Court. The application must be made in writing and set out the reasons for the request. If an immediate decision is required, the court can make a decision without a full hearing, and this can be done ex parte (without the parents being notified initially). However, the court will always try to make sure that the parents are given an opportunity to be heard, especially when the case involves removal of the child.
Step 2: Initial Hearing
Once the application is made, the court will consider whether the criteria for an EPO are met. The judge will review the evidence provided, which may include statements from social services, medical reports, or evidence of physical abuse or neglect.
In some cases, the court may decide to issue the order immediately if there is an urgent need to protect the child. If there is no immediate urgency, the court may schedule a hearing where both parties (the applicant and the parents) can present their views.
Step 3: The Order
If the court is satisfied that there is a risk to the child and that the other criteria are met, the court will grant the Emergency Protection Order. The order will set out the conditions of the child's removal and outline any other protective measures, such as preventing contact with certain individuals.
Step 4: Review and Further Action
Once the EPO has been granted, social services will conduct an assessment of the child’s needs. This may involve investigations into the child’s home environment, the history of any abuse or neglect, and interviews with the child and other relevant individuals.
If it is determined that the child is still at risk, the local authority may apply for further orders, such as a Care Order, which places the child under the local authority's care on a long-term basis, or a Supervision Order, which allows the child to remain with their family but under the supervision of social services.
The Rights of Parents and Children
While an EPO is a powerful tool for protecting children, it can also be deeply distressing for parents. The parents of a child subject to an Emergency Protection Order have the right to:
- Be informed about the application: If the order is not issued without notice, parents have the right to attend the hearing and present their case.
- Challenge the order: Parents can challenge the EPO in court, either by applying to have the order discharged or by seeking a review if they believe the child should be returned.
- Appeal the decision: If a parent is unhappy with the decision made by the court, they may have the right to appeal.
Children are also entitled to have their views taken into account, although this will depend on the child’s age and maturity. If the child is old enough, the court will consider their wishes and feelings, though the welfare of the child remains the paramount consideration.
Common Questions About Emergency Protection Orders
How long does an Emergency Protection Order last?
An Emergency Protection Order typically lasts for 8 days. After this period, the court may decide to extend the order or take further protective measures.
Can the parents get their child back after an EPO?
If an EPO is granted and the child is removed, the parents may be able to get their child back once the court has reviewed the situation. If the court finds that the risk to the child has been addressed, they may return the child to their care. If the risk remains, further orders may be necessary to ensure the child's safety.
What happens if the child is taken abroad?
If there is a risk that the child will be taken abroad, the court may include provisions within the EPO to prevent this. This may involve notifying border control or preventing the child from being removed from the UK.
Can a child be placed with a relative under an EPO?
Yes, if the child cannot remain with their parents due to safety concerns, they may be placed with a relative or in foster care under the terms of the EPO.
Final Thoughts
Emergency Protection Orders are a crucial legal tool used to protect children from immediate harm. They ensure that children at risk of abuse or neglect can be removed from dangerous environments quickly and safely. While these orders are temporary, they provide time for further investigations to determine the best course of action for the child's future. Understanding how EPOs work, the process for obtaining them, and the rights of parents and children involved is essential for anyone navigating child protection issues in the UK.
