10.1 Legal Considerations in Relation to Immediate Protective Action
AMENDMENT
This chapter was updated in June 2023 to reflect local and national guidance.
| 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 Social Worker, who will inform the on call Senior Leader. If the social worker and senior leader 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, and if circumstances appear to justify the need for a PPO the welfare needs of the children should be set out to the Police to the extent that the safeguarding of the children requires it. |
| 10.1.3 | Next working day, the Emergency Duty Team social worker will complete the relevant documentation to ensure the multi-agency safeguarding hub loads the information if the child/ren is/are not known. If the child/ren are open to children's social care the allocated social worker will be notified by the emergency duty social worker, via and ICS alert, followed up by email/and or telephone call. The allocated social worker, and manager responsible for the child/ren will inform Knowsley MBC legal department and CSC Admin to arrange an emergency legal planning meeting to agree/decide the next steps to safeguard the child/ren before the police protection order runs out (ordinarily within 72 hours). |
| 10.1.4 | If an Emergency Protection Order/abridged service Interim Care Order is required in daytime hours, Legal advice will be taken by a team manager in an emergency. The team manager will liaise with the legal department and head of service. Best practice is for a legal planning meeting to be arranged, so a decision can be made by a head of service in the Local Authority. A solicitor will then, if appropriate, 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 | Ordinarily notice of the application will be served upon the parents. Where possible service should be achieved by handing the parents a letter, the application and the statements in support of the application. Timescales may not permit the immediate service of all relevant papers. As a minimum and as a matter of urgency a letter setting out the intention of the Council to issue the application should be provided. This should enable the parents to obtain free independent legal advice. Ex parte applications can be made where safeguarding issues make it necessary to do so |
| Prevention Orders | |
| 10.1.6 | There are a range of prevention orders that are now available: Domestic violence disclosure scheme: guidance - GOV.UK DVPO - Domestic violence protection orders - GOV.UK Get a female genital mutilation protection order - GOV.UK Apply for a forced marriage protection order: Overview - GOV.UK Protective orders - Family courts and domestic abuse (idas.org.uk) Injunctions to prevent gang-related violence - GOV.UK |
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