What Are Police Protective Powers?

Written by, Catherine Wooley, Head of Care (Manchester and Stockport) – Children Law, Cartwright King Solicitors

Under Section 46 of the Children Act 1989, the police have the authority to step in when they have reasonable cause to believe that a child(ren) is at risk of significant harm. This might include situations involving:

• Physical abuse
• Neglect
• Domestic abuse
• Immediate threats to a child’s safety

If police officers believe that a child(ren) is in immediate danger, they can remove them from the situation and place them somewhere safe without needing a Court Order for up to 72 hours. This can include a foster placement, emergency accommodation, a suitable family member.
The use of Police Protection Powers is to ensure that a child is protected whilst long-term decisions are made.

Why Only 72 Hours?

Police Protection Powers are used as an emergency measure, not as a long-term solution. The 72 hour limit ensures that child is immediately protected whilst more long-term decisions are made.
This timeframe allows professionals the opportunity to assess the situation and determine what legal action is required to protect the child(ren) moving forward.

What Happens After Police Protection Powers Are Used?

Once a child has been removed under Police Protection Powers, the responsibility then shifts to the Local Authority. Social Workers must urgently review the circumstances, and a decision is made as to whether to apply to the Family Courts for a formal Court Order. If the Local Authority were to make an application to the Family Court this would usually be for an Emergency Protection Order (EPO) or an Interim Care Order (ICO).

These Court Orders allow the Local Authority to continue to safeguard the child(ren) beyond the initial 72 hours and ensures that decisions are made with the Court’s oversight and in the child(ren)’s best interests.

Next Steps

If Police Protection Powers are used in respect of your children we would urge you to contact Cartwright King Solicitors as soon as possible. We will then be able to reach out to the Local Authority on your behalf to establish the Local Authority’s intentions in respect of issuing any application to the Family Court.

Should the Local Authority, make an application to the Family Court Cartwright King Solicitors will be able to assist you within these proceedings and represent you throughout the proceedings. Please refer to our further blogs regarding Public Law Proceedings for any further information.