What does public law regarding children involve?

Emergency Protection Orders

An Emergency Protection Order (EPO) can be sought under Section 44 of the Act where there is an immediate danger to the child and steps need to be taken urgently to protect them. It is a short-term order granted for up to 8 days maximum. The court will only make the order if they are satisfied that there is reasonable cause to believe that the child is likely to suffer significant harm and that making the order would be better for the child than not making it.

Where an EPO is made, the court may also make an exclusion requirement under section 44A requiring a named person who is living with the child to leave the home and preventing them from entering the home and/or area. A power of arrest may be added to the order. A family solicitor can provide legal advice to anyone facing an EPO order being made against them.

Care Orders

Care orders under section 31 of the Act are made in respect of children who are believed to be suffering, or are likely to suffer, significant harm attributable to the care being given to the child, or when the child is beyond parental control. Care orders can only be obtained on children under 17 years (or 16 if they are married) and continue until the child is 18 years, unless discharged earlier.

Care orders confer parental responsibility on the local authority and enable them to make decisions as to where the child will live and with whom, and how the child will have contact others. For legal advice on parental responsibility, it is advisable to contact a family lawyer.

Supervision Orders

Supervision orders under section 31 of the Act are made on the same basis as care orders but differ in that they do not confer parental responsibility on the local authority. They impose a duty on a supervisor to advise, assist and befriend the supervised child and to comply with other directions in the order regarding the child. It may also require the supervised child to comply with directions given by the supervisor, such as: where to live; when to present themselves to specific people at specific places or times; and when to participate in specific activities. Supervision orders typically last for one year and can be extended.

Secure Accommodation Orders

Secure Accommodation Orders under section 25 of the Act enable a local authority to place a child in a secure setting for their own or other people's safety.

If you are concerned about the welfare of a child, or need legal advice on any of these or related orders, you should contact a family law solicitor.

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