The Social Worker's Guide to Children and Families Law by Lynn Davis

Author:Lynn Davis [Davis, Lynn]
Language: eng
Format: epub
ISBN: 9781843106531
Goodreads: 11641151
Publisher: Jessica Kingsley Publishers Ltd
Published: 2008-09-15T00:00:00+00:00

Chapter 10

Emergency Action

Child protection is an unpredictable business. Emergencies arise out of the blue. The stakes are high; failing to act swiftly and decisively could expose a child to serious harm, even death, but equally we must not forget that, as Munby J said: ‘summarily removing a child from his parents is a terrible and drastic remedy’.1 Such situations demand robust knowledge of legal provisions and procedure and sound professional practice.

Police protection and emergency protection orders

The two key provisions for the immediate protection of children are found in Part V of the Children Act 1989 (CA89): police protection,2 an administrative power exercised by the police, and emergency protection orders (EPOs)3 made by a court.

Under both provisions, we look ahead to see whether significant harm is likely if action is not taken to remove a child from an unsafe situation or to prevent him from being removed from a safe place (such as hospital). The fact that these sections should be invoked only in a situation of true urgency is implied rather than explicitly stated in the Act.

Given the similarities between the two provisions, how do you decide which to use? The clear presumption is that an EPO should be sought wherever possible so that the decision to remove a child is sanctioned by a court, not by an administrative procedure. Working Together says: ‘Police powers to remove a child in an emergency should be used only in exceptional circumstances where there is insufficient time to seek an EPO or for reasons relating to the immediate safety of the child.’4

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