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10.1 Legal Considerations in Relation to Immediate Protective Action

AMENDMENT

This chapter was Updated in July 2017 to add a new section, Prevention Orders which link to a range of prevention and risk orders/injunctions.


10.1.1 Where a social worker is considering removing a child from the care of his/her parents/carers as an emergency, out of office hours, they must consult with the Emergency Duty Team Coordinator. If the Coordinator agrees that this is the best course of action, then the social worker must contact Knowsley MBC legal department via the on-call system.
10.1.2 If Knowsley MBC legal department are in agreement that immediate protection is necessary, then the social worker must contact the police to use their power of Police Protection. The police will complete the appropriate form and remove the child to a place of safety.
10.1.3 Next morning, the Emergency Duty Team Coordinator should inform Knowsley MBC legal department that Police Protection has been used. The legal department will then contact the social worker who will inform them of whether the Children and Families Division will be requesting further legal action i.e. an Emergency Protection Order which must be issued before the Police Protection runs out (72 hours).
10.1.4 If an Emergency Protection Order is needed a Local Authority solicitor will contact the magistrate's court and arrange a time for the hearing. Written evidence should be submitted, but the court will hear verbal evidence from the social worker in some situations.
10.1.5 A representative of the Local Authority's legal department will visit the family and issue them with verbal notice of the date and time of the court hearing. They will advise the family to seek legal representation for themselves.
10.1.6 During office hours, a social worker should contact the Local Authority legal department if, following discussion with their Team Manager, it is agreed that immediate protection is necessary. The Local Authority's legal department will then advise on applying for an Emergency Protection Order as above.
10.1.7 If it is decided that an Interim Care Order is necessary, then the social worker should contact the Local Authority's legal department. The social worker must complete a statement, chronology and Single Assessment. (Social workers should refer to the Public Law Outline)
 

Prevention Orders

10.1.8

There are a range of prevention orders that are now available:

Domestic Violence Disclosure Scheme

Domestic Violence Protection Orders

FGM Protection Order

Forced Marriage Protection Order

Injunctions to Prevent Gang-Related Violence and Drug Dealing

Sexual Harm Prevention Orders

Sexual Risk Orders

Slavery and Trafficking Prevention Order

Slavery and Trafficking Risk Order

End