Emergency Protection Order (EPO) Solicitors
We provide a free legal aid assessment for child care cases, helping you find out if you’re eligible for support with your legal fees.
At a Glance
- Immediate Action: An Emergency Protection Order (EPO) allows Social Services to remove a child to a safe place immediately.
- Short Duration: The order lasts a maximum of 8 days and is extendable once by 7 days.
- Free Legal Representation: Parents are entitled to Automatic Legal Aid, regardless of income.
What is an Emergency Protection Order?
An Emergency Protection Order is considered an extreme measure used only when a child faces immediate danger. Under Section 44 of the Children Act 1989, the Family Court will only grant this order if it is satisfied there is reasonable cause to believe the child is likely to suffer significant harm unless they are removed to safe accommodation (such as Foster Care) or remain in their current safe location (such as a hospital).
While any person can theoretically apply, applications are almost always made by the Local Authority (Social Services), the Police (using Police Powers of Protection), or the NSPCC.
Have Social Services contacted you? You may be entitled to free legal advice. Call our Emergency Team on 0345 894 1622.
Key Features and Timelines
The most important consideration for the court is the welfare of the child. Because these orders are granted in emergencies, the timelines are both strict and short.
| Key Feature | Details |
| Legal Basis | Section 44, Children Act 1989 |
| Who Applies? | Local Authority, Police, or NSPCC |
| Maximum Duration | 8 Days (Extendable once by 7 days) |
| Parental Rights | The applicant gains limited Parental Responsibility |
| Right to Appeal | None (but you can apply to discharge the order) |
| Legal Costs | Free (Automatic Non-Means Tested Legal Aid) |
Will I be notified of the hearing?
Usually, the Local Authority must give parents notice so they can attend court. However, if they believe giving notice would put the child at further risk (e.g., if there is a fear a parent might flee), they can apply for an ExParte hearing without you present. If this happens, you must be served with the order within 48 hours.
What Happens Once an EPO Is Issued?
If an EPO is granted, you must act immediately. The order grants the Local Authority (or the applicant) specific powers:
- Removal: They can remove the child to a safe place immediately.
- Prevention of Removal: They can prevent the child from being removed from a safe place, such as a hospital.
- Parental Responsibility (PR): They share PR with the parents, though this should only be exercised as necessary to safeguard the child.
Can I See My Child?
The court determines contact arrangements. Under Section 44, the court generally presumes that reasonable contact should take place between the child and their parents, unless it is not in the child’s best interests. We will fight to ensure you maintain contact during this difficult window.
Challenging the Order & Funding
Can I Challenge or Appeal?
You cannot strictly “appeal” an EPO in the traditional sense. However, you can apply to dischargetheorder 72 hours after it was made if:
- You were not present at the hearing when the order was made; or
- You were not given notice of the hearing.
Funding Your Defence With Automatic Legal Aid
Do not worry about legal fees. Because an EPO involves state intervention into family life (Public Law), parents are entitled to Non-Means Tested (Automatic) Legal Aid. This means no credit checks, no income assessments and free representation from the moment you call us.
At Cartwright King, we hold a contract with the Legal Aid Agency and can secure your funding immediately to represent you at the first hearing.
Why Choose Cartwright King?
We understand that EPOs happen quickly, which is why our team are well equipped to act immediately.
As one of the UK’s leading legal aid firms, our national teams have a wealth of experience with the Children Act 1989 and Public Law proceedings and can secure your funding immediately.
Frequently asked questions.
How long does an Emergency Protection Order last?
An EPO is a short-term measure valid for a maximum of 8 days in the first instance. The court can extend it once for a further 7 days if there is still reasonable cause to believe the child is at risk. During this time, Social Services will investigate and decide whether to return the child or apply for a longer-term Care Order.
Do I have to pay for a solicitor if served with an EPO?
No. Parents and those with Parental Responsibility are entitled to Automatic Legal Aid for representation in EPO proceedings. This is non-means tested, meaning your income and savings are not assessed.
What should I do if I am served with an EPO?
Do not sign anything without legal advice. Call a solicitor immediately to attend court with you. If the order has already been made in your absence, contact us immediately to discuss applying to discharge the order.
Legal Fees
We can discuss affordable private paying fee arrangements.