Emergency protection orders

In re X (emergency protection orders) [2006] EWHC 510 (Farn); SJ 7 April

The local authority’s decision to apply for an emergency protection order (EPO) without notice had been deeply and fundamentally flawed. There had not been any grounds for applying for, let alone making, an EPO in view of the absence of positive evidence to satisfy the significant harm threshold in s44 of the Children Act 1989. The court gave the following guidance on good practice when considering whether or not to make an EPO: