Police Protection Order (Section 46 Children Act 1989) – Complete Guide

Police Protection Order (Section 46 Children Act 1989) – Complete Guide

Key Takeaways

• Police protection (often called a police protection order) is an emergency power under section 46 of the Children Act 1989 in England and Wales, lasting a maximum of 72 hours. It does not require prior court approval.
• Police protection does not grant parental responsibility to police officers. Children’s services and the family court handle longer-term decisions about the child’s welfare.
• Police can use protection powers when a child is at imminent risk of significant harm and there is no time to obtain an emergency protection order or other court order.
• Parents and carers should act quickly during the 72-hour window: seek urgent advice from a family law specialist, keep written records, and cooperate with children’s services.
• Police protection often triggers further involvement from children’s services, possible care proceedings, and sometimes cross-border legal processes if the child has been taken abroad or brought from another jurisdiction.

Introduction – What Is Police Protection Under Section 46?  

Police protection is an emergency safeguard that allows a police officer to remove a child from a dangerous situation, or prevent removal of a child from a safe place, when there is immediate risk to that child’s safety. It is sometimes loosely called a police protection order, though it is not technically a court order. Police protection is an emergency power under Section 46 of the Children Act 1989, applying in England and Wales.

A child can only be in police protection for 72 hours. The power exists for situations where no other route can protect the child fast enough; for example, a child found alone overnight in dangerous conditions, a serious domestic abuse incident where a parent has been arrested, or a disclosure of sexual abuse requiring immediate safety measures.

Police protection sits within a wider child protection system that includes voluntary arrangements with children’s services, emergency protection orders granted by the family court, and urgent child arrangements orders. Throughout this guide, you will find practical steps, references to other agencies, and guidance on when to seek urgent legal assistance from a family law specialist.

Legal Basis – Section 46 Children Act 1989

Section 46 of the Children Act 1989 applies in England and Wales. It allows any police constable to remove a child to suitable accommodation, or to prevent removal of a child from a hospital or other place where they are being accommodated, if there is reasonable cause to believe the child would otherwise be likely to suffer significant harm.

Two statutory phrases are central to the power. “Reasonable cause to believe” means the officer must have a genuine, evidence-based basis for their concern. “Likely to suffer significant harm” refers to ill-treatment or impairment of health or development, including physical, emotional, or sexual abuse, and neglect. These concepts tie directly to the child’s welfare as the paramount consideration across family law.

A child taken under section 46 is described as having been taken into police protection. Once that period expires, the child must be released, usually to a parent or another person with parental responsibility, or the local authority must obtain a court order, such as an emergency protection order or an interim care order, to continue protective arrangements.

Section 46 powers sit alongside the duty of the relevant local authority to make enquiries under section 47 of the Children Act 1989 once they are informed. There is no requirement for the police to apply to court before using section 46, but their actions may later be scrutinised in care proceedings, complaints processes, or judicial review.

When Can the Police Use Police Protection Powers?

Police should only use police protection powers in emergencies, when there is no safer, less intrusive way to safeguard the child in time. Police can use protection powers when a child is at imminent risk of significant harm and obtaining an emergency protection order or involving children’s services first is not practicable. 

Typical scenarios where the threshold of likely significant harm is met include:

• Serious physical injuries observed on a child
• Immediate threats from a violent parent during or after a domestic abuse incident
• Suspected poisoning or drug exposure
• Sexual abuse disclosures requiring emergency protection
• A child found abandoned or in imminent danger

Officers must have reasonable cause based on what they see, hear, or are told at the scene. Where time allows, they should consult specialist child abuse investigation teams, the designated officer, and children’s services. Previous social work involvement, a history of domestic abuse, or an ongoing child protection plan are relevant to the decision, but do not automatically justify invoking section 46.

Proportionality matters. Police protection should not be used simply because it is quicker or more convenient than asking children’s services to seek an emergency protection order. The Court of Appeal confirmed this principle in Langley v Liverpool City Council [2005] EWCA Civ 1173, holding that an EPO should be pursued whenever possible and section 46 reserved for situations where court involvement is impracticable.

Parental Responsibility and Police Protection

Parental responsibility under the Children Act 1989 is the bundle of legal rights, duties, powers, and authority that a parent (and some others, such as guardians or those named in a child arrangements order) holds in relation to a child and the child’s property.
Police protection does not grant parental responsibility to officers. This is stated directly in section 46 of the Act. Parental responsibility remains with those who held it before the child was removed.

During police protection, a child’s parents still hold parental responsibility, but their ability to exercise it may be temporarily restricted where doing so would expose the child to further risk. The designated officer must allow those with parental responsibility reasonable contact with the child, provided this is consistent with the child’s welfare and safety.

Consent for medical treatment or forensic examination during police protection is usually given by a person with parental responsibility. In an emergency, clinicians act in the child’s best interests. The police power under section 46 does not confer the right to consent on behalf of the child.

Several court orders affect parental responsibility and may follow from or replace police protection:

• A child arrangements order (specifying where the child lives or with whom they spend time)
• An emergency protection order (which grants the local authority parental responsibility for the duration)
• An interim care order (granting parental responsibility to the local authority pending final hearing)

How Police Protection Works in Practice

The process typically begins with an incident, a referral, or a police attendance where risk to a child becomes apparent. The attending police officer assesses the scene, and if a child abuse investigation unit is available, officers from that team may attend. If the officer forms a reasonable cause to believe the child is at risk of significant harm, they invoke section 46.

An officer may remove a child to safe accommodation under police powers. The initiating officer is immediately responsible for the child’s safety, comfort, and practical needs, including safe transportation.

A designated officer under Home Office guidance, an officer of at least the rank of inspector)  must oversee the use of police protection, review the decision, and coordinate with children’s services. Police must inform the local authority promptly after exercising police protection. The officer must also inform the child (if capable of understanding), discover the child’s wishes and feelings, and record the reasons relating to the decision.

A strategy discussion between the police, children’s services, health professionals, and sometimes schools should happen as soon as possible. Where safe to do so, officers should inform those with parental responsibility about what has happened. Contact or communication may be delayed or controlled if doing so could increase risk to the child.

Time Limits, Review, and Ending Police Protection

The 72-hour limit is absolute.  If, for example, a child is taken into police protection at 21:00 on a Friday, protection must end by 21:00 on Monday.

Throughout this period, the designated officer must keep the situation under active review. If there is no longer reasonable cause to believe the child would suffer significant harm, the child must be released earlier. The child must be released before the 72 hours expire unless the local authority obtains a court order. The designated officer may also apply for an emergency protection order on behalf of the local authority, whether or not the authority knows of or agrees to the application. 

Possible outcomes at the end of police protection include:

• The child returns to the family home
• The child is placed with a family member or friend under children’s services oversight
• The child remains in voluntary accommodation under section 20
• Children’s services apply for an emergency protection order
• The court grants an interim care order
• An urgent child arrangements order is made

Release decisions should be made jointly with children’s services where possible, recorded carefully, and linked to a written care plan or continued social work involvement. Parents should act quickly during these 72 hours: gather further information, engage constructively with children’s services, and seek advice from a family law specialist to understand potential next steps such as care proceedings.

Accommodation and the Role of Children’s Services

The police duty is to protect the child immediately, but they rely on children’s services to arrange suitable accommodation and longer-term planning. Section 46 requires the child to be moved to accommodation provided by or on behalf of the local authority unless the child is in a hospital, refuge, or other suitable place.

Examples of suitable accommodation in practice:

• Local authority foster care
• A registered children’s home
• A hospital ward (if the child is injured or unwell)
• A relative’s home, after relevant safety checks

A police station is not regarded as suitable accommodation for a child, save for exceptional circumstances. Cells must never be used. If a child does attend a station, forces should provide a safe, non-custodial room. In practice, research and inspection reports have raised concerns that children are sometimes taken to police stations because child-appropriate accommodation is not immediately available; guidance is clear that this should only ever be a short-term last resort.

Once informed that a child is in police protection, the local authority’s children’s social care service must consider whether enquiries are needed under section 47 of the Children Act 1989 to decide whether action is required to safeguard the child. These enquiries include checks on family networks, the child’s school and health records, and assessment of whether the child resides safely at home. Depending on the outcome, children’s services may proceed to voluntary arrangements under section 20, seek an emergency protection order, or begin formal care proceedings through an interim care order. 

Police Protection, Emergency Protection Orders, and Other Legal Routes

Police protection and emergency protection orders serve related but distinct purposes. An emergency protection order is different from police protection and must be obtained from the family court. Police protection and emergency protection orders serve related but distinct purposes. An emergency protection order is different from police protection and must be obtained from the family court.

In many situations, children’s services will seek an emergency protection order or interim care order as soon as possible after police protection starts, to extend protective arrangements beyond 72 hours. If the child remains at risk, the local authority must apply to the family court before the 72-hour window closes.

Where domestic abuse places a child at risk, civil protective measures may also be used alongside section 46. Domestic Abuse Protection Notices and Orders (DAPNs and DAPOs), created by the Domestic Abuse Act 2021, are currently being piloted in selected areas of England and Wales. A notice gives immediate protection without the victim’s consent; where one is given, the police must then apply to a magistrates’ court for an order, with a hearing within 48 hours. Breach of any requirement of a DAPO is a criminal offence punishable by up to five years’ imprisonment, a fine, or both. Outside the pilot areas, Domestic Violence Protection Notices and Orders remain in use. These measures are distinct from section 46 police protection but may arise in the same circumstances.

Related orders sometimes made urgently to safeguard a child’s welfare include a child arrangements order placing the child with a trusted family member, with or without a supervision order. A family law specialist can explain which route is most likely in a given set of circumstances and what evidence the court will examine when deciding whether to interfere with family life.

Cross-Border and Abduction Issues

Police protection may arise alongside cross-border concerns. For example, a parent may plan to take a child abroad without the other parent’s consent, or a child may have been brought into England and Wales from another jurisdiction in unsafe circumstances.

In suspected parental child abduction cases, the police must first assess whether the child is at imminent danger. If so, they may use section 46 while also following national guidance on missing and abducted children. The child’s immediate safety is the priority, and police protection provides a short-term legal basis to keep the child in a suitable place while longer-term processes begin.

Cross-border family law involves complex interaction between English and Welsh law, foreign courts, and international instruments such as the 1980 Hague Convention on International Child Abduction. Early liaison between children’s services, the police, and central authorities is essential. Timescales in Hague Convention proceedings are short, and delay can affect outcomes.

Parents facing cross-border disputes should seek prompt advice from a family law specialist experienced in international and child abduction work. Police protection does not resolve jurisdictional questions; it provides emergency safety while those questions are addressed.

Impact on Family Life and Care Proceedings

Being taken into police protection is highly distressing for children and families. It disrupts daily routines, affects trust, and changes relationships between the child, their parents, and the wider family.

Use of police protection often signals serious safeguarding concerns and may be followed by formal care proceedings in the family court. The local authority may seek an interim care order or supervision order. In Williams v London Borough of Hackney [2018] UKSC 37, the Supreme Court examined what happens when children remain in accommodation under section 20 after police protection ends and parents do not clearly object. The court held this can be lawful, but stressed that a child’s parents must understand their rights, including the legal right to request the child’s return.

During care proceedings, the court examines whether past use of police protection was justified and what ongoing arrangements best protect the child’s welfare. In extreme cases, long-term child arrangements orders or placement orders may result.

Parents should cooperate with assessments, engage constructively with children’s services, and obtain timely legal assistance so their views on the child’s welfare and family life are properly heard. Even where a child returns home after police protection, social workers may continue to monitor the situation, offer support, and review safety plans over a number of months.

Practical Steps for Parents and Carers

If your child has been taken into police protection, these steps will help you respond effectively:

1. Stay calm. Ask which officer is the designated officer. Request clear, detailed information about why section 46 has been used.
2. Contact a family law specialist as soon as possible. You need to understand your immediate rights, how to communicate with children’s services, and what evidence may be needed if the case proceeds to court.
3. Keep a written record of key times, names, and decisions during the 72-hour period. Note any discussions about voluntary arrangements, emergency protection orders, or proposed care plans.
4. Engage constructively with professionals. Attend meetings, provide accurate information about family members who might safely care for the child, and be open to assessments or support services.
5. Identify whether any person in your extended family can offer suitable accommodation if children’s services need to place the child outside the family home.

Further information may be available from local safeguarding children partnerships, children’s services websites, and specialist charities offering guidance to families involved in the child protection system.

Use of Force, Evidence, and Linked Criminal Investigations

Under section 46, the police may use reasonable force to remove or keep a child in a place of safety if strictly necessary. Any use of force must be proportionate, and the officer must record it.

Officers must record their reasons for using section 46, including any use of force and the evidence of risk relied on. Police protection is often linked to a criminal investigation into physical assault, sexual abuse, neglect, or poisoning. Evidence such as electronic devices, clothing, or medical samples may be seized and stored following national guidance.

Safeguarding the child’s welfare remains the first priority. Criminal enquiries, interviews, and forensic examinations should be planned to minimise additional trauma and respect the child’s wishes and rights. The child’s age and understanding will affect how and when interviews happen.

Parents have rights in the criminal process, including the right to legal advice, which are separate from but connected to the child protection process. Where a parent is a suspect, they should seek specialist criminal law advice alongside family law advice.

Strict rules apply to handling sensitive material, including indecent images of children or confidential medical information. These safeguards exist to reduce the risk of further harm to the child and to protect the integrity of any prosecution.

Contact Kabir Family Law For More Advice On Child Protection

If you are a concerned parent or a relative and seriously believe a child is at imminent risk of significant harm and there is no time to obtain an emergency protection order or other court order then contact us today to get more information on police protection orders. Call Kabir Family Law today on 0330 094 5880 to arrange your free consultation or book a time that suits you. Our family lawyers in Coventry as well across York, Nottingham, Cardiff Manchester, Northampton, Oxford & London work around the clock and will be able to provide you with the advice and you need at a time to suit your needs.

Frequently Asked Questions

Is a police protection order the same as being taken into care?

No. Police protection is a short-term emergency measure lasting up to 72 hours. It does not, by itself, mean a child is “in care” in the sense of being subject to a care order. If concerns continue, children’s services may start care proceedings and ask the family court for an interim care order, which can place the child in the local authority’s care on a longer-term basis. Decisions about long-term care are made by the family court, not by the police using section 46 powers.

Can I see my child while they are in police protection?

Contact is possible but depends on the specific risks identified. The designated officer must consider whether contact would compromise the child’s safety or welfare. Under section 46(10), the designated officer must allow reasonable contact – so far as it is reasonable and in the child’s best interests – with the child’s parents, anyone else with parental responsibility, anyone the child was living with immediately beforehand, and certain people entitled to contact under existing court orders. Supervised contact, phone calls, or video calls may be arranged in some cases, especially if the risk is not from the parent seeking contact. Parents should ask children’s services what contact is proposed during the 72-hour period. If you disagree with the arrangements, seek urgent advice from a family law specialist.

What happens if the police used section 46 and I believe it was unnecessary?

Parents can raise concerns during any subsequent children’s services meetings or court hearings, where the decision to use police protection may be examined. Courts have criticised the use of section 46 in reported cases where correct notice and liaison requirements were not followed, and the decision to use police protection can be examined in later proceedings. Most police forces have formal complaints procedures allowing parents to challenge how officers exercised their powers. Keep detailed notes and seek independent legal assistance to understand whether there are grounds to complain or request a review.

Can police protection be used more than once for the same child?

There is no strict legal limit preventing section 46 being used again for the same child. However, repeated use usually indicates serious, ongoing concerns about a child’s welfare. If police protection has been used previously, children’s services and the court are more likely to consider formal care proceedings or an emergency protection order rather than further short-term interventions. Families in this position should seek early help and legal advice to address underlying issues before another crisis arises.

How does police protection affect future child arrangements orders?

Past use of police protection will form part of the background information the family court considers when asked to make or vary a child arrangements order. The court will look at what led to police protection, whether concerns have been addressed, and what arrangements now best promote the child’s welfare and safety. Parents should be prepared to show the steps they have taken since the incident, such as engaging with support services, addressing substance misuse, or completing parenting courses, when applying for or defending child arrangements orders.