Family law guide
Part of: Section 20 and Voluntary Accommodation: What Social Services Can and Cannot Do
An emergency protection order (EPO) is a short court order under section 44 of the Children Act 1989. It lets the applicant move a child to safe accommodation, or keep them where they are, such as in hospital, for up to eight days. The local authority’s children’s services can apply for one without telling the parents first. If a court has made an EPO about your child, you still have parental responsibility. You have a right to reasonable contact unless the court directs otherwise. If you were not at the hearing, you can ask the court to end the order straight away, unless it has been extended. This guide covers the law in England and Wales.
Is your child subject to an EPO right now? The order lasts days, not months, so what you do this week counts. Check in three questions whether you can apply to discharge it, or book a free initial consultation.
Section 44 of the Children Act 1989 lets “any person” apply for one, but its grounds name two applicants specifically: the local authority’s children’s services and the NSPCC, which the Act lists as an “authorised person” (s.31(9)). If the police have already taken a child into police protection, the designated officer can apply for an EPO on the local authority’s behalf, whether or not the authority agrees. Our police protection guide covers that separate power.

An emergency protection order is applied for on one of three grounds, and the court may make the order “if, but only if” one of them is met:
“Harm” includes impairment suffered from seeing or hearing the ill-treatment of another person (s.31(9)), so a child who witnesses domestic abuse can fall within the first ground.
While it is in force, the order does three things (s.44(4)). First, it directs anyone who can to produce the child to the applicant. Second, it authorises the applicant to remove the child to accommodation it provides, or to stop anyone taking the child away from a hospital or other place where they were staying. Third, it gives the applicant parental responsibility.
That parental responsibility is deliberately narrow. The applicant may only use the power to remove or keep the child to safeguard the child’s welfare. It may take only the action reasonably required to safeguard or promote that welfare, bearing in mind how short the order is (s.44(5)). Your own parental responsibility continues alongside it, because a parent does not lose it just because someone else acquires it (s.2(6)).
An EPO lasts for the period the court specifies, which cannot be more than eight days (s.45(1)). Only one extension is possible.
| Situation | Maximum length | Source |
|---|---|---|
| The order as first made | 8 days | s.45(1) |
| The eighth day is a Sunday, Christmas Day, Good Friday or a bank holiday | Until noon on the next day that is not one of those | s.45(2) |
| The police applied while the child was in police protection | 8 days counted from the first day in police protection | s.45(3) |
| Extension | Up to 7 more days, once only | s.45(4) to (6) |
Only an applicant who holds parental responsibility under the EPO, and who could also apply for a care order, can ask for an extension. The court may grant it only if it has reasonable cause to believe the child is likely to suffer significant harm without it. An extension also closes the discharge route described below (s.45(11)(b)).
Yes, by applying to the court to discharge it. You cannot appeal: the Act rules out any appeal against making, refusing, extending or discharging an EPO (s.45(10)). The discharge application is therefore the route that matters, and the Act sets no waiting period before you can make it.
Four groups of people can apply (s.45(8))
Two things take that right away (s.45(11))
At a discharge hearing the court may take account of any relevant statement in a report and any evidence given, even where the normal rules of evidence would exclude it (s.45(7)).
An applicant can ask for an EPO without notice, and even by telephone (Family Procedure Rules, r.12.16). When that happens, the applicant must serve a copy of the application on each respondent within 48 hours of the order. Within the same 48 hours it must serve a copy of the order on the parties, unless the court directs otherwise, and on anyone who had care of the child just before the order. Read the application closely. It shows what the applicant put to the court in writing, and it is the case you have to answer.
Yes, unless the court directs otherwise. The applicant must allow the child reasonable contact with their parents, anyone else with parental responsibility, the person they were living with before the order, and anyone named in a child arrangements order as someone the child spends time with (s.44(13)). That duty is subject to any directions the court gives about contact, which can limit it or attach conditions to it (s.44(6) and (8)).
The court can also direct a medical or psychiatric examination or other assessment of the child, or rule one out. A child of sufficient understanding to make an informed decision may refuse the examination (s.44(7)). The parties, the children’s guardian, the local authority and anyone the directions name can ask the court to vary them while the order lasts (FPR r.12.27).
Sometimes the risk comes from one adult in the home. Section 44A lets the court keep the child at home and require that person to leave instead, prohibit them from entering the home, or keep them out of a defined area around it (s.44A). Two conditions apply. First, there must be reasonable cause to believe that, with that person out of the home, the child will not be likely to suffer significant harm, or blocked enquiries will stop being frustrated. Second, another person living in the home must be able and willing to care for the child, and must consent to the requirement.
The court may attach a power of arrest, allowing the police to arrest without warrant anyone they reasonably believe to be in breach. If the applicant then removes the child from the home to other accommodation for more than 24 hours in a row, the exclusion requirement ends. A person the order excludes can apply to vary or discharge that part of the order, even if they have no right to challenge the rest (s.45(8A)).
The applicant’s power to remove your child, or to keep them away from home, lasts only while the order is in force (s.44(4)). If it decides the child is safe at home, the child comes home. If the local authority still has serious concerns, it can apply for a care order and ask the court for an interim care order in the meantime. That starts care proceedings, which run to a different timetable and a different legal test. Our guide to interim and final care orders explains what those orders do.
The Act treats EPO proceedings as “specified proceedings” (s.41(6)(g)). The court must therefore appoint a children’s guardian for the child, from Cafcass in England or Cafcass Cymru in Wales, unless it decides that one is not necessary. The local authority can rely on the same concerns if care proceedings follow, so how you respond in these first days counts.
| Route | Who acts | Court order? | How long |
|---|---|---|---|
| EPO (s.44) | The local authority, the NSPCC or another applicant | Yes | Up to 8 days, plus one extension of up to 7 |
| Police protection (s.46) | A police officer | No | No more than 72 hours |
| Private-law emergency order, such as a prohibited steps order | A parent or carer | Yes | As the court orders |
The police can take a child into police protection without going to court, for no more than 72 hours (s.46(6)). The police protection guide explains that route. When the danger comes from the other parent, for example a threat to take a child abroad, the answer is normally a private-law order that a parent applies for, not an EPO. Our guide to emergency child arrangements orders covers that, and what replaced the emergency residence order explains the old terminology.
From our casework. We assisted a parent after the other parent said they intended to take their young child abroad to be brought up by relatives; the court made orders confirming where the child lived and preventing the child’s removal from that parent’s care and from the country. Read how we approached that case. Every case turns on its own evidence.
If your child has just been removed, it is hard to think straight. These five steps keep you focused on what you can still influence.
Answer the questions above to see whether the Children Act 1989 lets you apply to discharge the order. Nothing you choose is saved or sent anywhere.
These turn on your papers and the dates on the order, and the order may only last days.
Book a free initial consultation
One of our specialists will give you initial advice on your situation.
Section 44 lets any person apply. Its grounds name two applicants specifically: the local authority and the NSPCC. While a child is in police protection, the designated police officer can also apply on the local authority’s behalf, whether or not the authority agrees (s.46(7) and (8)).
No more than eight days at first. The court can extend it once, by up to seven days, so the usual maximum is fifteen days in total (Children Act 1989, s.45). The only stretch is where the eighth day falls on a Sunday, Christmas Day, Good Friday or a bank holiday: the order can then run until noon on the next day that is not one of those.
Not while you object, if you have parental responsibility and can provide or arrange a home for your child (s.20(7)). There are narrow exceptions, which our section 20 guide explains. Otherwise children’s services need a court order, such as an EPO or an interim care order. The police are different: they can take a child into police protection without a court order, for no more than 72 hours (s.46).
No. The applicant gains parental responsibility for the length of the order, but yours continues (s.2(6)). The applicant may use its parental responsibility only as far as the child’s welfare reasonably requires (s.44(5)).
No. The Children Act 1989 rules out an appeal against the making, refusal, extension or discharge of an EPO (s.45(10)). The route is an application to discharge it, which is open to a parent who had no notice of the hearing or did not attend, as long as the court has not extended the order.
Not always. The applicant can ask for an EPO without notice (FPR r.12.16). If the court makes one that way, the applicant must serve you with the application within 48 hours of the order.
An EPO is a short emergency order that lasts days. The court makes an interim care order inside care proceedings, and it can last much longer while the case goes on. Our care orders guide explains the difference.
An argument that the social workers got it wrong gives the court little to act on in the few days an EPO lasts. A safe alternative gives it something concrete. Can the adult the concerns are about leave the home? Is there a relative the child could stay with? Will you agree to a specific safety plan? Put that alternative in writing, with names and addresses, before the next hearing. Then ask the court to set out contact in terms you can hold the local authority to.
Hannah Overton, Complex Children Specialist & Client Support
An EPO moves in days, and so do the choices that follow it: whether to apply to discharge, what to offer, and what to say at the first care proceedings hearing. Book a free initial consultation, and one of our specialists will give you initial advice tailored to your circumstances. It does not include drafting or reviewing documents. If you can, have the order and any papers the local authority has served on you to hand.
Book a free initial consultation or call 0330 094 5880
If a child is in immediate danger, call 999. You can also read our guides to section 47 enquiries, social services investigations and child protection conferences.
General information about the law in England and Wales, not advice on your circumstances.
8 of 41 guides — scroll sideways for more
Section 37 Report
Section 47 Report Explained: What Happens During Section 47 Enquiries?
Placement Orders
Parental Alienation & Alienating Behaviours
Narcissistic Parental Alienation
Practice Direction 12J: Your Complete Guide to Domestic Abuse Protection in Family Court
Clare’s Law & Domestic Violence Disclosure Scheme
Temporary Child Custody
Short videos from the Kabir Family Law team, explaining family law in plain English.
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