Emergency Protection Orders (EPOs)

An Emergency Protection Order (EPO) is a legal measure under Section 44 of the Children Act 1989, designed to safeguard a child who is at immediate risk of significant harm. It is a draconian but necessary mechanism employed in urgent situations where swift judicial intervention is required to protect the child from serious physical, emotional, or psychological harm.
The order may be sought by a local authority, the NSPCC, or any person authorised by the court. The applicant must establish a reasonable cause to believe the child is likely to suffer significant harm and that emergency intervention is necessary. These applications are often made without notice, requiring full and frank disclosure.
An EPO lasts for a maximum of 8 days, extendable once by up to 7 days. It gives the applicant limited parental responsibility for the purpose of safeguarding the child, including the power to remove the child from harmful surroundings or prevent removal from a place of safety. Where appropriate, the court may attach an exclusion requirement to keep a specific individual away from the child’s home.
Given the urgent and intrusive nature of EPOs, strict procedural safeguards apply. The court must ensure the measure is proportionate, and affected parties retain the right to apply for discharge. The order frequently serves as a precursor to longer-term protective proceedings, such as an interim care order or supervision order, following a more detailed investigation into the child’s welfare.