Regrettably there are circumstances where a local authority takes action to remove children from parents. We have extensive experience of acting for parents, children, grandparents and other extended family members. We deal with these traumatic cases with the sensitivity gained over many years of practice. This is an area requiring empathy and specific skills, Susan Eskinazi, Michelle Grant and Katy Rensten are all experienced practitioners in this area and are members of the Law Society Children Panel.

What is an Emergency Protection Order?

This is an Order which gives the local authority who has made the application parental responsibility for the child named in the Order. That parental responsibility is in addition to any parental responsibility that a child’s parents have or any other persons before the Order was made and is subject to a number of specific duties and restrictions, the most important of which is the right to remove a child to accommodation provided by the local authority or the right to prevent a child’s removal from his present accommodation. An Emergency Protection Order is a short term protective remedy for a child and may be made for a maximum period of eight days, subject to certain exceptions, and can be extended for a period not exceeding seven days if it is established that there is reasonable cause to believe that the child concerned is likely to suffer significant harm if the Order is not extended.

This is an extremely draconian Order and by its nature is an emergency remedy.

What is a Care Order?

This is an Order placing a child in the care of a local authority. The phrase “a child in care” means a child who is the subject of a Care Order. When a Care Order is made with respect to a child, it is the duty of the local authority to receive the child into its care and to keep him in its care while the Order remains in force. The local authority must provide accommodation and maintenance for the child while he is in care and has a duty to safeguard and promote the child’s welfare. While a Care Order is in force, the local authority will have parental responsibility for the child. The parents and those others with parental responsibility prior to the Care Order being made continue to have parental responsibility. However the local authority, by virtue of the Care Order, has the power to determine to what extent the child’s parent or guardian may meet his parental responsibility for that child.

A Care Order will remain in force until a child reaches the age of 18 unless it is brought to an end earlier.

A Care Order or Supervision Order should be sought only when there appears to be no better way of safeguarding and promoting the welfare of a child.