Police emergency removal of children – CA 1989 s.46
Police can remove a child at risk of significant harm. Notify local authority and parents. Max 72 hours. Officer may apply for emergency protection order.
Where a constable has reasonable cause to believe that a child would otherwise be likely to suffer significant harm, he may— remove the child to suitable accommodation and keep him there; or take such steps as are reasonable to ensure that the child’s removal from any hospital, or other place, in which he is then being accommodated is prevented. For the purposes of this Act, a child with respect to whom a constable has exercised his powers under this section is referred to as having been taken into police protection. As soon as is reasonably practicable after taking a child into police protection, the constable concerned shall— inform the local authority within whose area the child was found of the steps that have been, and are proposed to be, taken with respect to the child under this section and the reasons for taking them; give details to the authority within whose area the child is ordinarily resident (“the appropriate authority”) of the place at which the child is being accommodated; inform the child (if he appears capable of understanding)— of the steps that have been taken with respect to him under this section and of the reasons for taking them; and of the further steps that may be taken with respect to him under this section; take such steps as are reasonably practicable to discover the wishes and feelings of the child; secure that the case is inquired into by an officer designated for the purposes of this section by the chief officer of the police area concerned; and where the child was taken into police protection by being removed to accommodation which is not provided— by or on behalf of a local authority; or as a refuge, in compliance with the requirements of section 51,secure that he is moved to accommodation which is so provided. As soon as is reasonably practicable after taking a child into police protection, the constable concerned shall take such steps as are reasonably practicable to inform— the child’s parents; every person who is not a parent of his but who has parental responsibility for him; and any other person with whom the child was living immediately before being taken into police protection, of the steps that he has taken under this section with respect to the child, the reasons for taking them and the further steps that may be taken with respect to him under this section. On completing any inquiry under subsection (3)(e), the officer conducting it shall release the child from police protection unless he considers that there is still reasonable cause for believing that the child would be likely to suffer significant harm if released. No child may be kept in police protection for more than 72 hours. While a child is being kept in police protection, the designated officer may apply on behalf of the appropriate authority for an emergency protection order to be made under section 44 with respect to the child. An application may be made under subsection (7) whether or not the authority know of it or agree to its being made. While a child is being kept in police protection— neither the constable concerned nor the designated officer shall have parental responsibility for him; but the designated officer shall do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child’s welfare (having regard in particular to the length of the period during which the child will be so protected). Where a child has been taken into police protection, the designated officer shall allow— the child’s parents; any person who is not a parent of the child but who has parental responsibility for him; any person with whom the child was living immediately before he was taken into police protection; any person named in a child arrangements order as a person with whom the child is to spend time or otherwise have contact; any person who is allowed to have contact with the child by virtue of an order under section 34; and any person acting on behalf of any of those persons, to have such contact (if any) with the child as, in the opinion of the designated officer, is both reasonable and in the child’s best interests. Where a child who has been taken into police protection is in accommodation provided by, or on behalf of, the appropriate authority, subsection (10) shall have effect as if it referred to the authority rather than to the designated officer.
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
Under this section, a police constable can remove a child to safe accommodation if they have reasonable grounds to believe the child would otherwise suffer significant harm. This is called taking the child into police protection. The constable must then notify the local authority where the child was found and the local authority where the child normally lives, as well as the child's parents and anyone with parental responsibility. The officer must also ask the child for their wishes if they are old enough to understand.
The police cannot keep the child for more than 72 hours. During that time, a designated officer must investigate the case. If they still believe the child is at risk, they can ask a court for an emergency protection order under section 44 to extend the protection. The child's parents and certain other people have a right to have contact with the child while he is in police protection, as long as it is reasonable and in the child's best interests.
This section does not give the police parental responsibility over the child. Instead, the designated officer must do what is reasonable to safeguard the child's welfare while he is in police protection.
When it applies
- A police officer responds to a domestic disturbance and finds a child alone with a parent who is intoxicated and aggressive.
- A child is left at a hospital by a parent who does not return, and the officer believes the child would be at risk if left unsupervised.
- A child runs away from home and is found in a dangerous area; the officer takes the child to a police station or local authority accommodation.
- A child is being prevented from leaving a house where there is evidence of abuse, and the officer uses his power to prevent removal (i.e., ensure the child stays put).
- A child is found in a refuge that is not compliant with section 51, so the officer must move the child to local authority accommodation.
What this section does not say
- This section does not allow police to place a child in long-term foster care or make a care order.
- It does not allow police to take a child into protection simply because the parents are arguing or the home is messy without risk of significant harm.
- It does not give police the authority to remove a child from a hospital if the child is safe there and the hospital can care for them.
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This page reproduces the text of CA 1989 s. 46 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.