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10.1 Legal Considerations in Relation to Immediate Protective Action

AMENDMENT

This chapter was updated in December 2020 to reflect local 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 head of service. If the social worker and head of service 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 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 Public Law officer to arrange an emergency legal planning meeting to agree/decide the next steps to safeguard the child/ren before the polioce protection order runs out (72 hours).
10.1.4 If an Emergency Protection 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 agreed 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 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
10.1.7

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

Trix procedures

Only valid for 48hrs