Police Assistance Warrants CA 1989 s. 102
CA 1989 s. 102 permits courts to grant warrants authorising police to assist, using reasonable force if needed, when access to a child or site is obstructed.
Where, on an application made by any person for a warrant under this section, it appears to the court— that a person attempting to exercise powers under any enactment mentioned in subsection (6) has been prevented from doing so by being refused entry to the premises concerned or refused access to the child concerned; or that any such person is likely to be so prevented from exercising any such powers, it may issue a warrant authorising any constable to assist that person in the exercise of those powers, using reasonable force if necessary. Every warrant issued under this section shall be addressed to, and executed by, a constable who shall be accompanied by the person applying for the warrant if— that person so desires; and the court by whom the warrant is issued does not direct otherwise. A court granting an application for a warrant under this section may direct that the constable concerned may, in executing the warrant, be accompanied by a registered medical practitioner, registered nurse or registered midwife if he so chooses. The reference in subsection (3) to a registered midwife is to such a midwife who is also registered in the Specialist Community Public Health Nurses' Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001. An application for a warrant under this section shall be made in the manner and form prescribed by rules of court. Where— an application for a warrant under this section relates to a particular child; and it is reasonably practicable to do so, the application and any warrant granted on the application shall name the child; and where it does not name him it shall describe him as clearly as possible. The enactments are— sections 62, 64, 67, 76, 79U, 80, 86 and 87; paragraph 8(1)(b) and (2)(b) of Schedule 3; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
When a person attempting to exercise statutory powers to search for children or inspect premises under specified enactments is prevented from doing so, or is likely to be prevented, a court may issue a warrant. This warrant authorises a police constable to assist that person in exercising those powers, including using reasonable force if necessary.
The warrant is addressed to and executed by a constable. The applicant has the right to accompany the officer during execution unless the court directs otherwise. The court may also permit a registered medical practitioner, registered nurse, or qualified registered midwife to accompany the constable.
Where the application concerns a specific child, the application and warrant must name the child if reasonably practicable, or otherwise describe the child as clearly as possible.
When it applies
- A local authority officer is refused entry when attempting to inspect premises under section 80 or 87.
- A designated inspector expects physical obstruction when trying to gain access to inspect child care facilities.
- An authorised officer attempting to inspect premises housing a child is prevented from entering by the occupier.
What this section does not say
- Private child arrangements disputes between parents regarding contact or residence, governed by section 10.
- Emergency police entry under general criminal search powers where no specific statutory inspection power under subsection 6 applies.
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This page reproduces the text of CA 1989 s. 102 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.