Article 8 of the Human Rights Act 1998 provides that "everyone has the right to respect for private and family life". How is this right maintained when the state intervenes and a care order in respect of the child of a family is made? A care...
Police powers of protection cannot be legally challenged. However, it is possible to challenge the care proceedings that follow. As such, if your child is has been removed by the police, you should seek legal advice as soon as possible, please call us on 0203 816 0548 for a free, no obligation initial chat with one of our legal advisors.
If you hear the term ‘police protection order’ or PPO, it is not, as the name may suggest, an order issued by the court. Instead, the term is commonly used to describe the powers held by police officers to protect a child from harm if they believe there is an imminent danger. This includes, but is not limited to, the power to remove a child from the family home without a court order and to temporarily house them in a ‘place of safety’. This may be in accommodation provided by the local authority or with a relative or carer. It may be that a child needs to be kept in hospital. In some rare circumstances a child may be accommodated at a police station but this should be avoided.
A child can be kept in police protection for a maximum of 72 hours. The police do not acquire parental responsibility during this time.