Emergency Proceedings & Interim Removal - What is the Current Position?

Introduction

Child care practitioners will often need to deal with matters in an emergency. This may take the form of dealing with an emergency protection order application, an abridged application for an interim care order or otherwise. The court needs to balance very carefully the various competing arguments that will be advanced. Are you familiar with these arguments depending on who you are acting for?

This webinar will consider these various areas of emergency steps and interim removal and it will consider specifically updated guidance and case law.

What You Will Learn

This webinar will cover the following:

• What kind of emergency situations will arise in a public child care case?
• Can steps be taken before the baby is born?
• In what situations may the inherent jurisdiction be used to protect a child in an emergency? Consideration of North Somerset County Council v LW and Others
• What steps should the local authority take leading up to an application for separation at birth? Practice guidance as set out in Nottingham CC v LM, DW & LW
• Practice points set out in Re X [Emergency Protection Orders], X Council v B and Others and A Local Authority v Mrs X (a mother), Mr X (a father), [Children] (by their children's guardian)
• In relation to threshold, can it be met in relation to actions by the mother before the baby is born? Consideration of Re W (A Minor) (Death of mother before birth of child): threshold criteria
• Dealing with threshold and the need for an order when it comes to a care application - Impact of WBC v. A
• What is the position surrounding ‘without notice interim care order’ applications? Can they be made? Effect of Re E (Section 37 direction)
• Use of s.50 CA 1989 and Recovery Orders
• Removal from parents under care order - consideration of Re DE (A Child)
• Removal from non-parents under care order - consideration of Re D [Children; Interim Care Order: Hair Strand Testing]
• Removal under Interim Care Order - Using Re C (A Child) (Interim Separation)
• Exploration of alternative options following J, K and L (Children: Interim Removal)
• Recent developments in relation to interim separation - implications of Re C (Interim separation |Residential Care] - How does this change the test for separation?
• Case law developments