Undertakings in emergency protection orders CA 1989 s. 44B
Courts can accept an undertaking instead of an exclusion requirement in an EPO. No power of arrest attaches, and it ends if child is moved for over 24 hours.
In any case where the court has power to include an exclusion requirement in an emergency protection order, the court may accept an undertaking from the relevant person. No power of arrest may be attached to any undertaking given under subsection (1). An undertaking given to a court under subsection (1)— shall be enforceable as if it were an order of the court, and shall cease to have effect if, while it 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. This section has effect without prejudice to the powers of the High Court and family court apart from this section. In this section “exclusion requirement” and “relevant person” have the same meaning as in section 44A.
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 court has the power to issue an exclusion requirement as part of an emergency protection order, it can instead accept a formal legal promise—known as an undertaking—from the person being excluded.
An undertaking is enforced just like an official court order, but the court cannot attach a power of arrest to it. If the person who applied for the order removes the child from the home to live somewhere else for a continuous period of more than 24 hours, the undertaking automatically stops having effect.
When it applies
- A parent promises the court to move out of the family home so the child can stay there safely with the other parent during an emergency protection order.
- A relative involved in emergency protection proceedings offers a voluntary promise to stay away from the child's home rather than being forced out by a court exclusion requirement.
- A local authority checks whether a formal promise given to the court remains legally active after taking a child away to temporary accommodation.
What this section does not say
- Attaching an automatic power of arrest to a voluntary court promise, which is explicitly prohibited under this section.
- Forcing a person to leave a home by court order rather than accepting a voluntary promise, which is covered under ca1989s.44a.
- Undertakings given during interim care order proceedings, which are governed separately under ca1989s.38b.
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This page reproduces the text of CA 1989 s. 44B 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.