If there are still concerns a child’s safety and welfare, children’s services may apply for a court order. The order they apply for will depend on the situation.
If children’s services think that a child may be at immediate risk of significant harm in their parents’ care, they can apply to the court for an emergency protection order. These orders are made under section 44 of the Children Act 1989. Applications for emergency protection order are made where children’s services think a situation is too urgent to wait to start care proceedings. The order allows children’s services to remove a child. Or allows them to arrange for a child to remain somewhere – in hospital for example.
Care proceedings
If children’s services think the Family Court needs to:
- Make decisions to keep a child safe immediately AND
- Make decisions about where a child should live in the longer term
they will apply to start care proceedings. This is the process of applying to the Family Court for a care or supervision order. Children’s services have to show that the child:
Children’s services can ask the Family Court to make a court order to allow them to remove a child from their parents’ care. This is called an interim care order. It is a short-term order. When it is in place a child becomes looked after in the care system by children’s services.
Children’s services have to show the court what they have done to support the family already. And show there is an urgent need to remove the child because their safety demands it. Safety includes physical safety. And psychological and emotional well-being.
See our Care (and related) proceedings page for more information about the different orders children’s services can apply to the court for.