Emergency Child Protection Order
What does the order mean?
The order enables the Committee, with police assistance if necessary, to remove a child from the dangerous situation, or prevent their removal from a safe place.
The Emergency Child Protection Order gives the Committee parental responsibility for the child but only to the extent necessary to keep ensure the safety and well being of the child, this would not include carrying out other non necessary functions such as cutting the child's hair, changing their religion etc.
The order can last for a maximum of 8 days - section 57, Children (Guernsey and Alderney) Law). Within that period it will end if:
- the Committee has not taken steps to act upon the order within 24 hours;
- the Children's Convenor, with HSSD consent, releases the child;
- the Child, Youth and Community Tribunal sits to consider the case.
How can an order be discharged?
The following can apply to discharge an order; the application must be heard within 48 hours (section 58, Children (Guernsey and Alderney) Law):
- those with parental responsibility;
- the Children's Convenor;
- any person the child was living with when the order was made;
- the child.
NB: Human rights case law has made clear that such orders, because they are a profound interference with the right to enjoy family life, should have a very high threshold.
- Worried about a child?
- Case Conference
- After the Initial Case Conference
- Supplementary Guidance