Emergency Protection Order (EPO) vs Interim Care Order (ICO): What’s the Difference?

Both EPOs and ICOs allow children to be removed, but they are very different legal powers.

What Is an Emergency Protection Order (EPO)?

An EPO is a short-term emergency order made by the court.
  • Lasts up to 8 days (extendable once)
  • Used where a child is in immediate danger
  • Allows urgent removal

What Is an Interim Care Order (ICO)?

An ICO is made during care proceedings in the Family Court.
  • Lasts until the next hearing
  • Gives social services parental responsibility
  • Used when long-term concerns exist
Key Differences EPO ICO
Purpose / context Emergency only Part of care proceedings
How long it lasts Very short term Can last months
Risk level Immediate risk Ongoing concerns
Evidence at this stage Limited evidence stage More detailed evidence

Why This Matters

The legal test for removal is strict. Courts must balance child safety with family rights. Early legal challenge can prevent long separations.

Child Removed Under an EPO or ICO?

Urgent action is vital.
ASA Solicitors represent parents in emergency hearings. Contact us for immediate legal support.


FAQs

What is an Emergency Protection Order (EPO)?


An EPO is a short-term court order allowing social services to remove a child in an emergency where immediate danger is suspected.

An ICO is made during care proceedings and gives the local authority parental responsibility while the case continues.

An EPO usually lasts up to 8 days and can be extended once for a further 7 days.

Yes. Parents have the right to legal representation and can challenge evidence and request changes to care arrangements.

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