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Emergency Child Protection Order
In an emergency, where a child is suffering, or at immediate risk of suffering, serious harm, HSSD may make an application to court for an emergency child protection order (section 55, Children (Guernsey and Alderney) Law). In exceptional circumstances, the application can be made without giving notice to the parents/carers, but usually they will be told in advance.
The order enables HSSD, with police assistance if necessary, to remove a child from the dangerous situation, or prevent their removal from a safe place.The Emergency Child Protection Order gives the Department parental responsibility for the child but only to the extent necessary to keep ensure the safety and well being of the child, this would not include carrying out other non necessary functions such as cutting the childs hair, changing their religion etc.The order can last for 8 days maximum (section 57, Children (Guernsey and Alderney) Law). Within that period it will end if:
- HSSD has not taken steps to act upon the order within 24 hours;
- the Children's Convenor, with HSSD consent, releases the child;
- the Tribunal sits to consider the case. The following can apply to discharge an order; the application must be heard within 48 hours (section 58, Children (Guernsey and Alderney) Law):
- those with parental responsibility;
- the Children's Convenor;
- any person the child was living with when the order is made;
- the child. NB: Human rights case law has made clear that such orders, because they are a profound interference with the right to enjoy family life, should have a very high threshold.