A Child Protection Order is a court order that is issued by the family court typically at the request of a local authority or NSPCC to protect a child who is at risk of harm or neglect. Anyone can start a child protection case if they have a reasonable cause to believe that the child is suffering or likely to suffer significant harm.
There are several different types of Child Protection Orders, including Emergency Protection Orders, Child Assessment Orders, Interim Care Orders, Care Orders, and Supervision Orders. The duration of a Child Protection Order will depend on the type of order issued by the court. For example, Emergency Protection Orders are valid for a maximum of 8 days, whilst an interim care order may last for up to 8 weeks initially and be further extended. Care Orders typically remain in place until the child reaches the age of 18. If necessary, a parent can challenge or appeal a Child Protection Order decision by applying to a higher court within 21 days.
Types of Child Protection Order
It is important to note that a Child Protection Order will not necessarily result in a child being separated from their mother or father or the removal of parental responsibility. This will depend on the type of child protection order put in place, as explained below.
Emergency protection order
An Emergency Protection Order (EPO) lasts for 8 days and allows a local authority (i.e. council) to temporarily share parental responsibility (PR) with a child’s parents and provide immediate short-term protection to the child. This may include removing the child from the care of their parent/s or preventing the child from being removed from a particular place.
Child assessment order
A Child Assessment Order (CAO) allows a local authority (i.e. council) to access and assess a child’s circumstances over a limited period of time. Child Assessment Orders are normally used where there is a possible risk to the welfare or safety of a child and emergency protection is not needed, but the parent/s are not allowing the local authority to carry out their assessment. Child Assessment Orders are issued for a maximum of 7 days. In practice, this type of order is rarely used.
Interim Care Order
Interim Care Orders are typically applied for by local authorities to make sure that a child is kept safe, while a full Care Order application can be considered by the court. Interim Care Orders are issued for a maximum duration of 8 weeks.
Care Orders
Where there is a concern that a child is suffering or is likely to suffer significant harm, an application can be made to the court for a Care Order to place the child into local authority care. Care Orders typically last until the child reaches the age of 18. To discharge a care order, you will often have to show there has been significant change in circumstances.
Supervision order
A supervision order is issued when a court believes that a child is at risk of harm but does not need to be taken into the care of the local authority. Supervision Orders can last for up to 12 months and allow social workers to visit a child and their family to identify and overcome any child welfare risks.
Grounds for child protection order in the UK
When considering an application for a Child Protection Order, the courts will take into account a range of considerations, including:
- The type of concern
- Child’s welfare and best interest
- Parental responsibility
- Child’s wishes
Type of Concern
The types of concerns which may lead to an application for a Child Protection Order include:
- Sexual abuse
- Emotional abuse
- Physical abuse
- Neglect
- Harm
- Physical injury
- Domestic violence
Child’s welfare and best interests
The court will look at the evidence and reports presented to understand any risks to the welfare and safety of the child. It is important to remember that the courts generally take the view that, where possible, children are best looked after within their families, with their parents playing a full part in their lives. They will only intervene to protect the interests of the child when it is deemed necessary. Local authorities also have a legal obligation to reunify a child with their parent/s or carer/s when it is safe to do so.
Parental responsibility
When making a decision on a Child Protection Order, the court will look at who has parental responsibility and any applications for parental responsibility. If a Child Protection Order is issued, it may result in the local authority sharing parental responsibility for the child with the parent/s.
Child’s wishes
The courts may also take into account the wishes of the child when deciding on a Child Protection Order. The child’s wishes will carry less weight the younger the child.
Process of Child Protection Order
To apply for a Child Protection Order, it is advisable to speak to a family law solicitor who can advise you on the correct order and the process to follow. If an Emergency Protection Order is required, the local authority will complete the necessary application form and provide a number of important documents, including:
- A social work statement
- Any minutes or notes of a strategy discussion relating to the application
- Any minutes and plans from the most recent child protection conference
- Medical reports where appropriate
- A short report from a mental health professional involved with the parent if necessary
- Proposed written agreement with the child’s parents
The application will be sent to anyone with parental responsibility (PR), the child, and their guardian. Notice may also need to be given to a parent who does not have PR and anyone with whom the child is living immediately before the issuing of the order. It is also possible in some cases to apply for a Child Protection Order out of hours. The matter will then be heard before a magistrate who will make a decision on the Child Protection Order application.
Breaching a Child Protection Order
Those named in the Child Protection Order are legally required to abide by what it says. If a person breaches a Child Protection Order, they are breaking the law, which can result in being sent to prison or a large fine. The courts may also decide to impose more restrictions or conditions on the individuals who have breached the order. This may include removing the child from the care of the parent or carer.
Appealing a Child Protection Order
A mother or father may be able to appeal a Child Protection order (depending on the type of order) if they disagree with the decision made by the court or if circumstances have changed. However, it is not possible to appeal against an Emergency Protection Order (EPO). If a parent or carer is unhappy with a decision to issue an EPO, it may be possible to bring a judicial review instead.
If you are considering appealing a Child Protection Order, please speak to our family law solicitors who can advise you on the options available to you based on your circumstances and those of your child.
