Emergency Protection Order

The threshold is set out in section 44: the court may make the order only if satisfied 'that there is reasonable cause to believe that the child is likely to suffer significant harm if — (i) he is not removed to accommodation provided by or on behalf of the applicant; or (ii) he does not remain in the place in which he is then being accommodated.' Local authorities and authorised persons (such as the NSPCC) can also apply on the separate ground that their enquiries into a child's welfare are being frustrated by an unreasonable refusal of access, where access is urgently required.

The order has real teeth once granted. While in force, it 'operates as a direction to any person who is in a position to do so to comply with any request to produce the child to the applicant', authorises 'the removal of the child at any time to accommodation provided by or on behalf of the applicant' or the prevention of the child's removal from a hospital or other safe place, and 'gives the applicant parental responsibility for the child.' That power is not open-ended, though: the applicant 'shall only exercise the power ... in order to safeguard the welfare of the child' and 'shall take, and shall only take, such action in meeting his parental responsibility for the child as is reasonably required to safeguard or promote the welfare of the child.' Duration is tightly limited by section 45: an order 'shall have effect for such period, not exceeding eight days, as may be specified in the order', and the court 'may extend the period during which the order is to have effect by such period, not exceeding seven days, as it thinks fit', and only if there remains reasonable cause to believe the child is likely to suffer significant harm without the extension.