Powers to assist in discovery of children CA 1989 s. 48
Court's powers to require disclosure of child's whereabouts, authorize entry/search, and issue warrants for police assistance in emergency protection.
Where it appears to a court making an emergency protection order that adequate information as to the child’s whereabouts— is not available to the applicant for the order; but is available to another person, it may include in the order a provision requiring that other person to disclose, if asked to do so by the applicant, any information that he may have as to the child’s whereabouts. No person shall be excused from complying with such a requirement on the ground that complying might incriminate him or his spouse or civil partner of an offence; but a statement or admission made in complying shall not be admissible in evidence against either of them in proceedings for any offence other than perjury. An emergency protection order may authorise the applicant to enter premises specified by the order and search for the child with respect to whom the order is made. Where the court is satisfied that there is reasonable cause to believe that there may be another child on those premises with respect to whom an emergency protection order ought to be made, it may make an order authorising the applicant to search for that other child on those premises. Where— an order has been made under subsection (4); the child concerned has been found on the premises; and the applicant is satisfied that the grounds for making an emergency protection order exist with respect to him, the order shall have effect as if it were an emergency protection order. Where an order has been made under subsection (4), the applicant shall notify the court of its effect. A person shall be guilty of an offence if he intentionally obstructs any person exercising the power of entry and search under subsection (3) or (4). A person guilty of an offence under subsection (7) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. 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 an emergency protection order has been prevented from doing so by being refused entry to the premises concerned or 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 the person mentioned in paragraph (a) or (b) 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 (11) 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. Wherever it is reasonably practicable to do so, an order under subsection (4), an application for a warrant under this section and any such warrant shall name the child; and where it does not name him it shall describe him as clearly as possible.
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
This section gives courts additional powers when they make an emergency protection order (EPO) under section 44. If the court knows that someone else has information about where the child is, it can order that person to tell the applicant (usually the local authority) where the child is. The person cannot refuse on the grounds that the answer might incriminate them or their spouse, but anything they say cannot be used as evidence against them except in a perjury trial.
The court can also authorise the applicant to enter specific premises and search for the child. If there is reason to believe another child on those premises also needs protection, the court can make an order allowing a search for that child too. If that other child is found and the applicant believes an EPO is needed, the order automatically acts as an EPO for that child. The applicant must inform the court.
It is a criminal offence to intentionally obstruct someone exercising the power to enter and search. The penalty is a fine not exceeding level 3 on the standard scale. If someone is refused entry or access to the child, or is likely to be, the court can issue a warrant for a constable to assist, using reasonable force if necessary. The warrant is executed by a constable who must be accompanied by the applicant if the applicant wants and the court does not direct otherwise. The court may also allow a doctor, nurse or midwife to accompany the constable.
Applications for warrants must be in the prescribed form. Whenever reasonably practicable, any order or warrant under this section must name the child, or describe them as clearly as possible.
When it applies
- A parent hides a child from social services and a relative knows the location; the court orders the relative to disclose it.
- Police need to search a house where a child at risk is believed to be hidden, and the court authorises entry under this section.
- A social worker is physically blocked from entering a home by the occupant, so they apply for a warrant for police assistance.
- While searching for one child, officers find another child who appears to be in danger, and the court extends the search order to cover that child.
What this section does not say
- This section does not cover the grounds for making an emergency protection order (that is section 44).
- It does not cover the duration of an EPO or how to discharge it (section 45).
- It does not cover the police's power to remove a child without a court order (section 46).
- It does not cover the abduction of a child in care (section 49).
Related sections
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This page reproduces the text of CA 1989 s. 48 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.