Emergency powers for child protection

Published date01 October 2006
Pages31-40
Date01 October 2006
DOIhttps://doi.org/10.1108/17466660200600012
AuthorJudith Masson
Subject MatterEducation,Health & social care,Sociology
31
Journal of Childrens Services
Volume 1 Issue 2 October 2006
©Pavilion Journals (Brighton) Ltd
1Professor of Socio-
Legal Studies,
Department of Law,
Bristol UniversityAbstract
This article examines the use of emergency intervention for child protection in England by the police and
social services to establish when and why powers are used and what subsequently happens. It is based
on two studies in England between 1998 and 2004: 1) The Police Protection Study (PP), which examined
the use of police protection through a survey of 16 (of the 43) police forces in England and Wales and
record reading (311 cases) and interviews (57) in eight forces. 2) The Emergency Protection Orders (EPO)
study,which examined EPO applications though a national survey of courts, an analysis of cases (86)
from six social services departments, and interviews (78) with social workers, lawyers, court staff and
magistrates. There are wide variations in the use of emergency powers. The police act independently and
in response to social workers’ requests. Social workers resort to emergency powers in well-known,
serious cases when parents refuse co-operation. EPOs are followed by care proceedings.
Key words
child protection; emergency; EPO; police powers; care proceedings
Introduction
Child protection systems include complex mechanisms
to balance the rights of parents and children, to
protect families from intervention that is not justified
by law and to ensure that state agencies are
accountable for their actions. However, most systems
have also made provision for responding immediately
to children at risk without reliance on the family’s co-
operation. Children can be apprehended or taken to a
place of safety or, in England and Wales, taken into
police protection (Children Act 1989, s.46). The courts
have powers to make emergency protection orders
(EPOs) in England and Wales (Children Act 1989,
ss.44–45B) or Northern Ireland (Children (Northern
Ireland) Order 1995, ss.63–64); in Scotland they can
make child protection orders (Children (Scotland) Act
1995, ss.57–62; McGhee & Francis, 2003), which are
very similar. These are all ‘emergency’ powers as they
override the normal rules for intervention; like
emergency relief they provide a rapid response to a
crisis, and like emergency medical treatment they
secure only short-term remedies. They enable children
to be removed or detained away from their families;
for days or weeks, on limited evidence and without
following the procedures normally required for state
intervention. For example, social workers can remove
children without court approval in many Canadian
provinces (Blenner-Hassett, 2004; Winnipeg Child and
Family Services v KLW [2000] SCC 48), in Spain
(Picontó-Novales, 1998) and in some Scandinavian
countries (Oppedal, 1999). In New Zealand, with the
approval of a magistrate or the police, intervention
can occur before a family group conference (Atkin,
2000). Similarly, in each of the countries of the UK,
both the courts and the police can authorise removal
or detention of children for their protection.
Procedures for court approval are simple and
perfunctory, often amounting to little more than a
formal request, and permitting applications without
notice to the parents (Masson, 2004).
This article describes and discusses the
circumstances in which these emergency child
protection powers are used in England. Using data
from two major empirical studies, one on police
protection (the PP study) and one on emergency
Emergency powers for
child protection
Judith Masson1

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