Legal & Court

Emergency Protection Orders: EPO Guide for Social Workers

January 2025•12 min read

What is an Emergency Protection Order?

An Emergency Protection Order (EPO) is a court order under Section 44 of the Children Act 1989 that authorises the removal of a child to, or their retention in, a safe place. It's designed for genuine emergencies where a child's safety is at immediate risk.

EPOs are exceptional measures. They should only be used when nothing else will protect the child and should be proportionate to the level of risk.

Grounds for an EPO

Local Authority Application

The local authority (or NSPCC) can apply for an EPO if the court is satisfied that:

  • There is reasonable cause to believe the child is likely to suffer significant harm if they are not removed to accommodation provided by the applicant, or
  • They do not remain in their current place

Enquiries Frustrated

An EPO can also be granted if:

  • Enquiries are being made under Section 47
  • Access to the child is being unreasonably refused
  • Access is required as a matter of urgency

Key test: The order must be necessary and proportionate. An EPO should not be granted if other less interventionist options would protect the child.

The Application Process

Preparing the Application

  • Complete the application form (C110A)
  • Prepare a detailed statement setting out the grounds
  • Gather supporting evidence
  • Consider what directions you need (medical examination, contact)

Ex Parte Applications

EPO applications can be made without notice to the parents (ex parte) if the situation is so urgent that giving notice would put the child at further risk. However:

  • The court will scrutinise whether lack of notice was really necessary
  • You must disclose all relevant information, including anything that might weigh against the order
  • Parents can apply to discharge the order after 72 hours

On Notice Applications

Where possible, applications should be made on notice. This gives parents the opportunity to respond and makes the process fairer.

What the Order Does

Powers Under the EPO

  • Authorises removal of the child or retention in a safe place
  • Gives the applicant parental responsibility (limited)
  • May include directions for contact
  • May include directions for medical examination

Duration

  • Maximum 8 days initially
  • Can be extended once for a further 7 days
  • Parents can apply to discharge after 72 hours

Duties During an EPO

Return the Child if Safe

Section 44(10) requires you to return the child if it appears safe to do so, even during the currency of the order. The EPO is not a mandate to keep a child in care—it's protection against an emergency.

Allow Reasonable Contact

You must allow reasonable contact between the child and parents unless the court has directed otherwise. Contact is a right, not a privilege.

Limit Exercise of Parental Responsibility

Your parental responsibility under an EPO should only be exercised to the extent necessary to safeguard the child's welfare.

Document Emergency Actions

SpeakCase helps you record emergency interventions clearly—essential for EPO applications and subsequent proceedings.

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Alternatives to EPO

Police Powers of Protection

Section 46 of the Children Act 1989 allows police to remove a child to a safe place without a court order if they have reasonable cause to believe the child would otherwise be likely to suffer significant harm.

  • Lasts maximum 72 hours
  • No court involvement required
  • Often used out of hours when courts aren't available

Section 20 Accommodation

If parents consent to the child being accommodated, Section 20 may be appropriate. This avoids the need for an order.

Care Proceedings with Interim Care Order

If there's time, issuing care proceedings and seeking an interim care order at the first hearing may be more appropriate than an EPO.

After the EPO

Next Steps

An EPO provides temporary protection. You must plan what comes next:

  • Return home if safe
  • Section 20 if parents consent
  • Care proceedings if ongoing protection is needed

Issuing Care Proceedings

If care proceedings are needed, you should issue promptly. The 8-day (or 15-day if extended) EPO period is short, and an interim care order must be in place before the EPO expires.

Common Issues

Proportionality

Courts require evidence that an EPO is proportionate. If the child could be protected by less interventionist means, those should be tried first.

Separation of Siblings

Think carefully about whether an EPO is needed for all children in a family. Sometimes only one child is at immediate risk.

Parental Mental Health

Be cautious about EPOs based solely on parental mental health issues. Focus on the actual risk to the child, not assumptions about mental health conditions.

Good Practice

Before Applying

  • Exhaust alternatives where safe to do so
  • Get manager approval
  • Consult with legal
  • Prepare thorough evidence

The Application

  • Be honest about all relevant facts, including positives
  • Explain why notice couldn't be given (if ex parte)
  • Be clear about what orders and directions you need

After the Order

  • Serve the order on parents promptly
  • Arrange appropriate contact
  • Keep the situation under continuous review
  • Prepare for care proceedings if needed

Conclusion

Emergency Protection Orders are powerful tools for protecting children in genuine emergencies. They should be used only when necessary, and only for as long as necessary. Good preparation, honest evidence, and clear planning for what comes next are essential for using EPOs effectively and lawfully.