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Control

1. Introduction
2. Protocol
   
   Appendix A

1. Introduction

Recovery Orders may be sought in respect of children who are either in care, subject to an emergency protection order or in Police Protection.  Usually it involves situations where the child in question is where they should not be and there is the need, if necessary, for Police to gain entry into accommodation and effect the child’s removal by force. A full explanation of the relevant legislation is shown at Appendix A.

This joint protocol outlines the steps required for effective partnership working   to promote the safe return of the child in question to their placement.

2. Protocol

1. Family Services will complete a risk assessment in relation to the child in question.
2. Family Services will consider whether the child’s return can be effected without a Section 50 order.  This may involve negotiation, or Police using their powers under section 46 of the Children Act if it was felt the child was at immediate risk, or by the Police acting under Family Services authority as holder of a care order/interim care order/emergency protection order.
   
   Note, Family Services are unable to apply for an emergency protection order for an unborn child. In these circumstances Police will be requested to exercise their powers under sect 46 upon the birth of the child whilst Family Services attend court to obtain an emergency protection order. 
3. Family Services will contact the Police Duty Officer via in the Integrated Borough Operations Room (IBO) informing them of the need to return the child to their original placement and discuss the options available.  Telephone number for the IBO is 0208 246 9290.
4. If the options under point 2 are discounted, Family Services will contact their Legal Services Department and ask them to apply to Court for a Recovery Order and warn Police of when the application is to be made.  Family Services will specify whether the Court need to authorise the Police to enter specified premises and search for the child, as this will need to be stated on the application form. 
5. Once the Order has been made, the Police Duty Officer must be informed by phone and a copy of the Order should be faxed to the IBO. Fax number 0208 246 9269.
6. A strategy will then be agreed as to how to best execute the order.  Police will complete a risk assessment taking into account Family Services risk assessment.  If a joint strategy cannot be agreed, the respective parties will contact their line managers to resolve the outstanding issues.
7. The agreed strategy will then be executed. Police will transport the child to a Police Station if necessary.  Family Services will be responsible for organising the required transportation of the child back to the placement.  Ideally the allocated social worker should accompany the child in order to minimise further distress and anxiety that the enforcing of the recovery order may have invoked.
8. A joint debrief will then take place and consider any learning points

Appendix A

Recovery Order

A court may make a Recovery Order (Section 50 Children Act 1989) if there is reason to believe that a child who is in care or is the subject of an emergency protection order or is in police protection, is missing or has been unlawfully taken or kept away or who has run away or is staying away from the ‘responsible person’

The ‘responsible person’ means any person who for the time being has care of the child by virtue of a care order, interim care order, emergency protection order or police protection. 

The Recovery Order has the following effects:

1. it operates as a direction to any person who is in a position to do so to produce the child to any ‘authorised person’ on request;
2. it authorises any ‘authorised person’ to remove the child;
3. it requires any person who has information as to the child’s whereabouts to disclose that information if asked to do so to a constable or an officer of the court; it authorises a constable to enter any premises specified in the recovery order and search for the child, using reasonable force if necessary.

An ‘authorised person’ is specified in Section 50.  Basically, it includes any person authorised by the court, a constable, and any person authorised by the local authority to exercise any power of the recovery order.

When applying for a Recovery Order, you must specify the premises you need to gain entry to and you may only specify premises if you have reasonable grounds to believe the child to be there.

A Recovery Order is open ended and will remain in force until either it is discharged or the child is recovered.

The application may be made ex parte but if so, a copy of the Order must be served within 48 hours of it being obtained. 

Police Protection

A constable also has the powers to take a child “into police protection” (section 46 Children Act 1989) for up to 72 hours, if he or she has reasonable cause to believe that a child would otherwise be likely to suffer significant harm if he or she did not remove the child to suitable accommodation and keep him there, or take reasonable steps to prevent the child’s removal from a hospital or other place where the child is being accommodated.  The provision can only be used where the police officer has found the child as there are no powers of search attached. 

The police have powers to enter and search premises without a warrant for the purpose of saving life or limb.  The police may arrest without a warrant any person who has committed any offence where the arrest is necessary to protection the child from that person.  The can obtain a warrant to enter premises and search for children.

The police do not acquire parental responsibility under Section 46 but must do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child’s welfare, having regard in particular to the length of time the child will be in police protection.

End