Emergency procedures — overview

It may be necessary to take urgent action in order to protect a child. There are a number of ways of obtaining emergency protection for children.

Abduction Wardship and the inherent jurisdiction of the High Court

If there are concerns about the threatened or actual removal of a child either from the jurisdiction or within the jurisdiction, there are various orders that may be made to help safeguard them.

The child may be made a ward of court or the subject of an injunction granted under the High Court's inherent jurisdiction. Once a child is made a ward no important steps maybe taken in relation to them without the consent of the High Court.

Disclosure of the child's whereabouts, search and arrest

A respondent may be required to disclose the whereabouts of a child both in relation to children who are wards of court and also in private children law proceedings.

An order may be made authorising an officer of the court or a constable to search for, take charge of and deliver a child to a particular person.

Certain organisations, such as telephone service providers, may be ordered to supply information that concerns the whereabouts of a child.

The criminal law

Criminal proceedings may be commenced under the Child Abduction and Custody Act 1984 where an offence is committed.

Government agencies

An application may be made to the court for information to be disclosed by certain Government departments regarding a child's whereabouts.

Restrictions in relation to passports

The court may prohibit a person from applying for a passport for a child.

If an order has been made restricting a child's removal from the UK, the court may direct that any person who has a passport containing the particulars of a named child must surrender that passport.

The port alert procedure

In cases where it is believed that the removal of a child is imminent the police may institute the port alert procedure.

Electronic tagging order

In exceptional cases an electronic tagging order may be made in relation to the parent of a child.

Emergency prohibited steps and residence ordersResidence orders

A residence order is an order setting out the arrangements to be made regarding the person with whom a child is to live.

Prohibited steps orders

A prohibited steps order is an order that provides that no step that could be taken by a parent in meeting their parental responsibility for a child, and that is of a kind specified in the order, shall be taken by any person without the consent of the court.

Ex parte orders

In exceptional circumstances and only on strong evidence an ex parte prohibited steps or residence order may be granted. It is preferable for an application to be made on notice with a shortened notice period rather than on an ex parte basis.

Where an urgent application is required, an application may be made by telephone.

Form of the order

An applicant for an ex parte order is under certain obligations in relation to, among other things, service of the order and provision of information to the respondent and their representative. The applicant or their solicitor may be required to give undertakings in relation to the procedure.

Emergency protection orders and interim care ordersInterim care orders

An interim care order (ICO) is an order placing a child in the care of a designated local authority. The court must be satisfied that there are reasonable grounds for believing that the threshold criteria are made out.

An ICO is made within proceedings for a final care order or supervision order. It is not a freestanding application. Ordinarily the application should be made in writing with the parties being given at least two days' notice of the hearing. In urgent cases, however, an application for an ICO may be made orally and without notice.

Emergency protection orders

An emergency protection order (EPO) is an order vesting parental responsibility in the applicant. When the EPO is in force the applicant can remove the child to any accommodation provided by them. It prevents the child's removal from hospital or from where they were accommodated before the order was made, and it operates as a direction to any person able to do so to produce the child to the applicant.

Any person may apply for an EPO but it will usually be a local authority.

The grounds upon which an EPO may be granted are set out in the Children Act 1989.

An application for an EPO must be made on notice except in wholly exceptional circumstances justified by a genuine emergency or where there are compelling reasons for believing that the child's welfare will be compromised by giving notice.

Exclusion requirements

An exclusion requirement ousting an abuser or suspected abuser from a family home may be made in conjunction with either an EPO or ICO.