Because of the importance of removal of a child for any length of time without
the parents consent, only a Court can authorise this. There are special
procedures for emergencies, by way of an Emergency Protection Order, which can
last for only a few days, and be granted by a Magistrates Court, which will
normally insist that the parents must have some opportunity of making
representations about the case, rather than it be dealt with behind their backs.
If an Emergency Protection Order (EPO) is granted, then this will be reviewed
by the Court within one or two weeks, when an application for an Interim Care
Order (ICO) may be considered. If an ICO is granted, then Social Services will
take over the major decisions for the child, and have the power to place the
child in foster care while the Court Proceedings last. They are still under a
duty to promote and to support contact with the parents with their children.
Once Care Proceedings have been started the Court (Magistrates Court or
County Court in difficult cases) will take control. A timetable is fixed and
reviewed on a regular basis, setting out the procedure for assessments and
reports and for Orders to be made in the meantime, if issues arise.
Care Proceedings can take a long time, from six months to two years in some
cases. The assessment process is rigorous and expensive, most of it met from
public funds. Indeed, in some cases, far more resources are available as a
result of Court Proceedings than if they were never started.