Emergency Proceedings & Interim Removal - What Are the Key Principles?

Introduction

Public law proceedings often involve making applications and decisions in an emergency. There is often a fine balance between allowing a child to remain versus removal into care, which requires a carefully calculated application of the relevant law, practice and procedure.

There will be a number of questions, which need to be answered very quickly, such as what forms to complete, the criteria and the steps at court.

This webinar will consider the developing case law, together with steps and safeguards to take.

What You Will Learn

This webinar will cover the following:

• Emergency steps and procedures
• Use of Inherent Jurisdiction - North Somerset County Council v LW and Others
• Removal at point of birth - practice guidance as set out in Nottingham CC v LM, DW & LW
• Emergency Protection Orders and FII cases - Consideration of A Local Authority v Mrs X (a mother), Mr X (a father), [Children] (by their children's guardian)
• Developments set out in Re T (Interim Care Order: Removal of Children Where No Immediate Emergency) and Re L-K (Children)
• Link between threshold and need for order - WBC v. A
• Point of meeting of threshold - Consideration of Re W (A Minor) (Death of mother before birth of child: threshold criteria)
• Without notice interim orders - Effect of Re E (Section 37 direction) [2025]
• Recovery orders - Operation, effect and necessity
• Removal from parents under care order - consideration of Re DE (A Child)
• Removal from non-parents under care order
• Interim removal and consideration of realistic options
• Removal under Interim Care Order - Binding effect of Re C (A Child) (Interim Separation)
• Need for consideration of options - Impact of J, K and L (Children: Interim Removal)
• Interim Separation for non-parents - Influence of Re D (Children: Interim Care Order: Hair Strand Testing)
• Risk and removal following Re T (Children: Risk Assessment) [2025]
• Case law developments

This pre-recorded webinar will be available to view from Thursday 12th February 2026

Alternatively, you can gain access to this webinar and 1,900+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.