There are two ways a child can be removed from a parent or guardian without the need for a Court Order. This is through the parent or guardian signing a Section 20 Agreement, or through the police exercising their police powers.
There is also the possibility that a child can be removed through the use of a Court Order without the parents being notified. This is done through an Emergency Protection Order. However, if a parent is given notice of a hearing, yet chooses not to attend this hearing, an order for removal can be made in their absence.
Police Protection Order
Under Section 46 of the Children Act 1989, a police officer has the legal right to remove a child from their parent, or accommodation where the child is believed to be at risk of significant harm. The police must inform the Local Authority of this removal, and the child can be under police protection for up to 72 hours. Once notified, the Local Authority decide whether the child can return to their parent or guardian, or whether an application needs to be made to the court for a Care Order, which will mean that the child is then in the care of the Local Authority. These police powers of protection cannot be legally challenged, however, a parent can challenge the need for a Care Order.
It is important to note that when a child is removed through a Police Protection Order, it does not remove a parent’s parental responsibility or give the police parental responsibility for that child. If a Care Order is made, this will give parental responsibility to the Local Authority.
If your child has been removed by the police, it is very important that you seek legal advice as soon as possible. It is likely that there will be a Court hearing in the next 72 hours, and legal representation is expected.
Removed with Parental Consent
A parent or guardian can agree or ask for their child to be removed from their care. This is done through a Section 20 Agreement. A section 20 Agreement of the Children Act 1989 is a voluntary agreement, by a parent, or person with parental responsibility, that a child can be taken out of their care.
What if I have been asked to sign a Section 20 but I refuse?
You do not have to agree to sign a Section 20, however, it is important to note that if you are being asked to sign one, it is likely that the Local Authority have serious concerns about your child’s safety. Therefore, if a Section 20 is not signed when asked, the Local Authority will likely attempt to remove your child through an alternative route, such as a Police Protection Order, or by initiating Court Proceedings.
If I sign a Section 20 what will happen?
After signing, your child with be removed and placed in the care of the Local Authority. There will be regular meetings between yourself and the Local Authority to review the arrangements. In most cases, this arrangement is only expected to last for a short period of time. It is important to note that after signing a Section 20 Agreement, you retain full parental responsibility, and you can withdraw your consent to a Section 20 Agreement at any time once the agreement has been made. However, if this is done, it is extremely likely that in response, the Local Authority will initiate Court Proceedings and ask for your child to be made subject to a Care Order.
Your Local Authority has a responsibility to make sure you are fully informed when signing a Section 20 Agreement, however, it is important that you receive legal advice in relation to this.
Emergency Protection Order
An Emergency Protection Order is a Court Order under Section 44 of the Children Act 1989 to provide a child with immediate protection, if they are believed to be at a significant risk. These orders can be made without the parent or guardian receiving notice and can last for up to 8 days. Emergency Protection Orders cannot be intentionally obstructed by a parent, however, a parent can challenge the Care Proceedings that will likely follow.
If you have been told that the Local Authority are seeking, or have obtained an Emergency Protection Order, it is important that you seek legal advice.
If you are being affected by any of the Orders or agreements above , please get in touch with Johnson Astills to see how we can assist. Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Care Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.
