emergency protection order

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A court order under the Children Act 1989 that gives a local authority or the NSPCC the right to remove a child to suitable accommodation for a maximum of eight days (with a right to apply for a seven-day extension) if there is reasonable cause to believe a child is suffering or is likely to suffer significant harm unless the order is made. The order gives the applicant parental responsibility in so far as it promotes the welfare of the child (see welfare principle). In some cases it may be preferable to remove the abuser from the home rather than the child. The Children Act 1989 provides for the inclusion of an exclusion requirement in an emergency protection order. The effect of this is to exclude the abuser from the family home. The order may only be made when another person in the same household as the child consents to the exclusion order and is able and willing to care properly for the child. See also section 47 enquiry.

Subjects: Law.

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