http://www.legislation.gov.uk/ukpga/1989/41/section/44Children Act 1989An Act to reform the law relating to children; to provide for local authority services for children in need and others; to amend the law with respect to children’s homes, community homes, voluntary homes and voluntary organisations; to make provision with respect to fostering, child minding and day care for young children and adoption; and for connected purposes.1989-11-16texttext/xmlenStatute Law Database2026-08-27Expert Participation2026-09-01 Part V Protection of Children Orders for emergency protection of children.441Where any person (“the applicant”) applies to the court for an order to be made under this section with respect to a child, the court may make the order if, but only if, it is satisfied that—athere is reasonable cause to believe that the child is likely to suffer significant harm if—ihe is not removed to accommodation provided by or on behalf of the applicant; oriihe does not remain in the place in which he is then being accommodated;bin the case of an application made by a local authority—ienquiries are being made with respect to the child under section 47(1)(b); andiithose enquiries are being frustrated by access to the child being unreasonably refused to a person authorised to seek access and that the applicant has reasonable cause to believe that access to the child is required as a matter of urgency; orcin the case of an application made by an authorised person—ithe applicant has reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm;iithe applicant is making enquiries with respect to the child’s welfare; andiiithose enquiries are being frustrated by access to the child being unreasonably refused to a person authorised to seek access and the applicant has reasonable cause to believe that access to the child is required as a matter of urgency.2In this section—a“authorised person” means a person who is an authorised person for the purposes of section 31; andb“a person authorised to seek access” means—iin the case of an application by a local authority, an officer of the local authority or a person authorised by the authority to act on their behalf in connection with the enquiries; oriiin the case of an application by an authorised person, that person.3Any person—aseeking access to a child in connection with enquiries of a kind mentioned in subsection (1); andbpurporting to be a person authorised to do so,shall, on being asked to do so, produce some duly authenticated document as evidence that he is such a person.4While an order under this section (“an emergency protection order”) is in force it—aoperates as a direction to any person who is in a position to do so to comply with any request to produce the child to the applicant;bauthorises—ithe removal of the child at any time to accommodation provided by or on behalf of the applicant and his being kept there; oriithe prevention of the child’s removal from any hospital, or other place, in which he was being accommodated immediately before the making of the order; andcgives the applicant parental responsibility for the child.5Where an emergency protection order is in force with respect to a child, the applicant—ashall only exercise the power given by virtue of subsection (4)(b) in order to safeguard the welfare of the child;bshall take, and shall only take, such action in meeting his parental responsibility for the child as is reasonably required to safeguard or promote the welfare of the child (having regard in particular to the duration of the order); andcshall comply with the requirements of any regulations made by the Secretary of State for the purposes of this subsection.6Where the court makes an emergency protection order, it may give such directions (if any) as it considers appropriate with respect to—athe contact which is, or is not, to be allowed between the child and any named person;bthe medical or psychiatric examination or other assessment of the child.7Where any direction is given under subsection (6)(b), the child may, if he is of sufficient understanding to make an informed decision, refuse to submit to the examination or other assessment.8A direction under subsection (6)(a) may impose conditions and one under subsection (6)(b) may be to the effect that there is to be—ano such examination or assessment; orbno such examination or assessment unless the court directs otherwise.9A direction under subsection (6) may be—agiven when the emergency protection order is made or at any time while it is in force; andbvaried at any time on the application of any person falling within any class of person prescribed by rules of court for the purposes of this subsection.10Where an emergency protection order is in force with respect to a child and—athe applicant has exercised the power given by subsection (4)(b)(i) but it appears to him that it is safe for the child to be returned; orbthe applicant has exercised the power given by subsection (4)(b)(ii) but it appears to him that it is safe for the child to be allowed to be removed from the place in question,he shall return the child or (as the case may be) allow him to be removed.11Where he is required by subsection (10) to return the child the applicant shall—areturn him to the care of the person from whose care he was removed; orbif that is not reasonably practicable, return him to the care of—ia parent of his;iiany person who is not a parent of his but who has parental responsibility for him; oriiisuch other person as the applicant (with the agreement of the court) considers appropriate.12Where the applicant has been required by subsection (10) to return the child, or to allow him to be removed, he may again exercise his powers with respect to the child (at any time while the emergency protection order remains in force) if it appears to him that a change in the circumstances of the case makes it necessary for him to do so.13Where an emergency protection order has been made with respect to a child, the applicant shall, subject to any direction given under subsection (6), allow the child reasonable contact with—ahis parents;bany person who is not a parent of his but who has parental responsibility for him;cany person with whom he was living immediately before the making of the order;dany person named in a child arrangements order as a person with whom the child is to spend time or otherwise have contact;eany person who is allowed to have contact with the child by virtue of an order under section 34; andfany person acting on behalf of any of those persons.14Wherever it is reasonably practicable to do so, an emergency protection order shall name the child; and where it does not name him it shall describe him as clearly as possible.15 A person shall be guilty of an offence if he intentionally obstructs any person exercising the power under subsection (4)(b) to remove, or prevent the removal of, a child.16A person guilty of an offence under subsection (15) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.S. 44 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)S. 44(13)(d) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 35; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)