Exclusion orders in emergency protection CA 1989 s. 44A
Courts making an emergency protection order can exclude a person from the child's home. The requirement ends if the child is removed for more than 24 hours.
Where— on being satisfied as mentioned in section 44(1)(a), (b) or (c), the court makes an emergency protection order with respect to a child, and the conditions mentioned in subsection (2) are satisfied, the court may include an exclusion requirement in the emergency protection order. The conditions are— that there is reasonable cause to believe that, if a person (“the relevant person”) is excluded from a dwelling-house in which the child lives, then— in the case of an order made on the ground mentioned in section 44(1)(a), the child will not be likely to suffer significant harm, even though the child is not removed as mentioned in section 44(1)(a)(i) or does not remain as mentioned in section 44(1)(a)(ii), or in the case of an order made on the ground mentioned in paragraph (b) or (c) of section 44(1), the enquiries referred to in that paragraph will cease to be frustrated, and that another person living in the dwelling-house (whether a parent of the child or some other person)— is able and willing to give to the child the care which it would be reasonable to expect a parent to give him, and consents to the inclusion of the exclusion requirement. For the purposes of this section an exclusion requirement is any one or more of the following— a provision requiring the relevant person to leave a dwelling-house in which he is living with the child, a provision prohibiting the relevant person from entering a dwelling-house in which the child lives, and a provision excluding the relevant person from a defined area in which a dwelling-house in which the child lives is situated. The court may provide that the exclusion requirement is to have effect for a shorter period than the other provisions of the order. Where the court makes an emergency protection order containing an exclusion requirement, the court may attach a power of arrest to the exclusion requirement. Where the court attaches a power of arrest to an exclusion requirement of an emergency protection order, it may provide that the power of arrest is to have effect for a shorter period than the exclusion requirement. Any period specified for the purposes of subsection (4) or (6) may be extended by the court (on one or more occasions) on an application to vary or discharge the emergency protection order. Where a power of arrest is attached to an exclusion requirement of an emergency protection order by virtue of subsection (5), a constable may arrest without warrant any person whom he has reasonable cause to believe to be in breach of the requirement. Sections 47(7), (11) and (12) and 48 of, and Schedule 5 to, the Family Law Act 1996 shall have effect in relation to a person arrested under subsection (8) of this section as they have effect in relation to a person arrested under section 47(6) of that Act. If, while an emergency protection order containing an exclusion requirement is in force, the applicant has removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours, the order shall cease to have effect in so far as it imposes the exclusion requirement.
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 granting an emergency protection order under section 44, a court can include an exclusion requirement against a relevant person. This provision can order the person to leave the home where the child lives, prohibit them from entering it, or exclude them from a defined area surrounding the child's residence. This requirement is permitted if excluding the person prevents significant harm to the child or allows emergency enquiries to proceed, provided another resident in the home is willing and able to care for the child and consents to the requirement.
The court may attach a power of arrest to the exclusion requirement. When attached, a constable may arrest without warrant anyone reasonably believed to be in breach of the requirement. The court can specify that the exclusion requirement or the attached power of arrest lasts for a shorter period than the main emergency protection order, though these periods can be extended on application.
If the applicant removes the child from the residence to alternative accommodation for a continuous period of more than 24 hours, the exclusion requirement automatically ceases to have effect.
When it applies
- A local authority requests the removal of a suspected abuser from the home so a child can safely remain in place with another consenting parent.
- A constable arrests a person without a warrant after reasonably believing they breached an exclusion requirement with an attached power of arrest.
- An exclusion requirement automatically terminates because social services moved the child to alternative accommodation for a continuous period of more than 24 hours.
What this section does not say
- Voluntary undertakings offered by a person instead of an exclusion requirement (governed by section 44b).
- General local authority duties to investigate children who may be at risk of harm (governed by section 47).
- Warrants and powers to assist officers in discovering the whereabouts of hidden children (governed by section 48).
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This page reproduces the text of CA 1989 s. 44A 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.