Police Powers under the Children Act 1989

AuthorSafda Mahmood/Julie Doughty
Pages139-140
10 Police Powers under the Children Act 1989

The police have special powers under section 46 of the CA 1989 referred to as ‘police protection’, which do not need a court order. The ground for action is that police have reasonable cause to believe the child would otherwise suffer significant harm (section 46(1)).

The Department of Health guidance, Court orders and Pre-Proceedings for Local Authorities (April 2014), Chapter 4, paragraph 30 provides that the police powers should only be used in exceptional circumstances, where there is insufficient time to apply for an emergency protection order, or for reasons relating to the immediate safety of the child.

Also, paragraph 37 of this guidance provides that neither the officer, the...

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