Child protection

Protecting your child — a plain-English guide

This page explains the legal tools used to keep children safe in England and Wales. Every term is written twice: once in legal language (so you can quote it in letters and court forms) and once in plain English (so you actually understand what it does). If something here matters to your case, take it to a solicitor or a domestic abuse advocate — but you will walk in already knowing the vocabulary.

Information only. This is not legal advice. Court procedures and the law change. Always confirm with a solicitor, Citizens Advice, or a domestic abuse advocate before acting.

Jargon buster — every abbreviation in one place

Bookmark this. Every term used below (and in court letters) is defined here in one line.

PR (Parental Responsibility): The legal right and duty to make big decisions about a child — school, medical treatment, religion, passport, name. Mum has it automatically. Dad has it if married to mum or named on the birth certificate (births registered from 1 Dec 2003).
LA: Local Authority — your council's children's services / social services department.
CAFCASS: Children and Family Court Advisory and Support Service — independent social workers who advise the family court about what is safe for the child.
MASH: Multi-Agency Safeguarding Hub — the single front door for safeguarding referrals at your council. Police, health, schools and social workers all sit together and share information.
DSL: Designated Safeguarding Lead — the named staff member at every school/nursery/college responsible for child protection.
CIN: Child in Need (s.17 Children Act 1989) — the child needs extra help from the LA but is not at risk of significant harm. Voluntary.
CP Plan: Child Protection Plan (s.47 enquiry led to a case conference deciding the child is at risk of significant harm) — multi-agency plan with a social worker, reviewed every 3–6 months.
ICO / Care Order: Interim / full Care Order (s.31 Children Act 1989) — court gives the LA shared PR. Used when the s.31 'significant harm' threshold is crossed.
PSO: Prohibited Steps Order (s.8 Children Act 1989) — stops the other parent doing a specific thing (e.g. removing the child from the country, changing school).
SIO: Specific Issue Order (s.8) — court decides one disputed question (e.g. which school, medical treatment, vaccination).
CAO: Child Arrangements Order (s.8) — sets out who the child lives with and spends time with. Replaced the old 'residence' and 'contact' orders.
SGO: Special Guardianship Order (s.14A) — a non-parent (e.g. grandparent) gets enhanced PR and can override the parents on day-to-day decisions. Less final than adoption.
s.7 report: Welfare report ordered from CAFCASS or the LA in private-law children proceedings — recommends what is safe.
s.37 direction: Court orders the LA to investigate and consider whether to start care proceedings.
s.91(14) order: Bars a parent from making any further application about the child without first getting the court's permission. Strengthened by the Domestic Abuse Act 2021 where there is a risk of harm or post-separation abuse via litigation.
PD12J: Practice Direction 12J — the rulebook judges must follow when domestic abuse is alleged in a children case.
Port Alert: Police 'all ports warning' to stop a child being taken out of the UK. Free, fast, no court order needed if risk is imminent.
Wardship: High Court inherent jurisdiction — the child becomes a ward of court and no major decision can be taken without the court's consent. Used in abduction and serious harm cases.

Start here — how the system actually works

Two parallel tracks exist. PRIVATE LAW is when parents (or family) bring a case. PUBLIC LAW is when the council or police step in to protect the child. They can run side by side.

The welfare principle (s.1 Children Act 1989)

In plain English: When the court makes any decision about your child, the child's welfare comes first. Not your rights. Not the other parent's rights. The child's safety, stability and wellbeing.

Judges work through the 'welfare checklist': the child's wishes (age-appropriate), physical/emotional/educational needs, the likely effect of any change, age/sex/background, any harm suffered or at risk of suffering, capability of each parent, the range of powers available to the court.
'No order' principle — the court will only make an order if doing so is better than making no order at all.

Significant harm (s.31 Children Act 1989)

In plain English: This is the legal 'threshold' that lets the state remove or share care of a child. 'Significant' is not minor — but it doesn't have to be physical. Witnessing domestic abuse counts as harm to the child (s.120 Adoption and Children Act 2002, and now explicitly under s.3 Domestic Abuse Act 2021 — the child is a victim in their own right).

When to use it

The child is suffering, or is likely to suffer, significant harm.
AND that harm is because the care given (or likely to be given) is not what a reasonable parent would give, OR the child is beyond parental control.

If your child is in danger RIGHT NOW

Call 999

In plain English: Police can use Police Protection Powers (s.46 Children Act 1989) to remove a child to a safe place for up to 72 hours without a court order. No social worker, no judge — they can act immediately.

Watch out

Tell the call handler clearly: 'child at immediate risk of harm'.
Ask for the incident/CAD number — you'll need it for every later letter.
After s.46 the police MUST notify the LA, who then decide next steps (often an Emergency Protection Order).

Emergency Protection Order (EPO — s.44)

In plain English: A court order, usually applied for by the LA, that lets the child be removed (or kept) in a safe place for up to 8 days (extendable by 7). You can apply too if you are the person trying to protect.

How it works / how to ask for it

Made at the Family Court, can be heard same day, ex parte (without notice) if needed.

Risk of abduction abroad — Port Alert

In plain English: If you fear the other parent will take the child out of the UK, call 999 and ask for a Port Alert. It's free and triggers an all-ports warning for 28 days. You don't need a court order if the threat is real and immediate.

How it works / how to ask for it

Have ready: child's full name, DOB, photo, passport details (if known), the abductor's details, flight info if you have it.
Combine with a Prohibited Steps Order from the family court ASAP.
If the child has already been taken — Hague Convention application via the Foreign, Commonwealth & Development Office (FCDO) International Child Abduction Unit and reunite.org.uk (0116 2556 234).

Public-law tools (the council/state steps in)

These are used when the LA is concerned about your child's safety. Some are voluntary, some are court-ordered.

Section 17 — Child in Need

In plain English: The lightest-touch option. The council recognises the child needs extra help (e.g. because of domestic abuse at home) and offers support: family support workers, parenting help, refuge referrals. You can say no — it's voluntary.

Who handles it: Allocated social worker at your local children's services.

Section 47 enquiry → Child Protection Conference → CP Plan

In plain English: If the LA has 'reasonable cause to suspect' the child is suffering or likely to suffer significant harm, they MUST investigate (s.47). This can lead to an Initial Child Protection Conference where professionals decide if the child needs a Child Protection Plan under categories: physical, emotional, sexual abuse, or neglect.

When to use it

Concerns about abuse or neglect serious enough that the LA must act.
Usually triggered by a MASH referral from school, GP, police, hospital, refuge, or another adult.

How it works / how to ask for it

Initial Conference within 15 working days of the strategy discussion.
Parents are invited and entitled to bring a supporter or advocate. Ask for the social-work assessment in writing in advance.
Plan reviewed at Review Conferences (first at 3 months, then every 6 months).

Watch out

Protective parents can feel blamed — read the Working Together to Safeguard Children 2023 statutory guidance; it makes clear the perpetrator is responsible, not the survivor.
Ask for a separate professionals' meeting if the abuser is also invited — you have the right to be heard safely.

Section 7 welfare report

In plain English: In a private-law children case, the judge can order CAFCASS (or sometimes the LA) to write a report recommending what is safe for the child. The author will speak to both parents, the child (if old enough), school, GP, police.

How it works / how to ask for it

Ask your solicitor to apply for a s.7 report at the FHDRA (First Hearing Dispute Resolution Appointment). Push for CAFCASS where there is a DA history with the LA already involved.

Section 37 direction

In plain English: If, during a private-law case, the judge thinks a care/supervision order might be needed, they direct the LA to investigate. The LA must report back within 8 weeks.

Care Order / Supervision Order (s.31)

In plain English: Care Order: the LA shares PR with you and can decide where the child lives. Supervision Order: child stays at home but the LA monitors. The threshold is 'significant harm' — see above.

Special Guardianship Order (s.14A)

In plain English: A long-term order giving a non-parent (often a grandparent, aunt or close friend) enhanced PR. They can override the parents on day-to-day decisions but the legal relationship with the birth parent isn't cut (unlike adoption). Useful where neither parent is currently safe.

Private-law protective orders (you apply to the family court)

All of these are 'section 8 orders' under the Children Act 1989, applied for using Form C100 (and Form C1A if there is a safety risk). Legal aid is available if you have evidence of domestic abuse.

Prohibited Steps Order (PSO)

In plain English: Stops the other parent doing a specific thing without the court's permission. The single most useful protective order for a survivor.

When to use it

Removing the child from the country, or even from England & Wales.
Changing the child's school or surname.
Removing the child from your care.
Allowing a named risky person (e.g. a sex offender, a violent relative) contact with the child.
Consenting to specific medical treatment.

How it works / how to ask for it

Apply on Form C100 + C1A. Mark it urgent / without-notice if there is an immediate risk.
Without-notice (ex parte) hearings happen the same day or within 24 hours.
Bring evidence: messages, police logs, refuge letters, school concerns.

Specific Issue Order (SIO)

In plain English: The court decides one disputed question. The mirror image of a PSO — instead of stopping something, it permits or directs it.

Example: You want the child vaccinated and the father refuses. You want to move 50 miles for safety and need permission ('internal relocation').

Child Arrangements Order (CAO)

In plain English: Sets out who the child lives with ('lives with') and who they spend time with ('spends time with'). Can include supervised, supported, indirect (letters/cards) or no contact.

When to use it

Where there are findings of DA, PD12J says contact must be safe and beneficial — supervised contact at a contact centre is the default starting point, not unsupervised.
A 'lives with' order to a parent automatically gives them PR and prevents the child being removed from the UK for up to one month without consent (s.13).

Section 91(14) barring order

In plain English: Stops the other parent from making any further application about the child without the court's permission first. Now strengthened by s.67 Domestic Abuse Act 2021 — judges can make these orders on their own initiative where repeat litigation is being used as a form of post-separation abuse.

When to use it

Repeated, hopeless applications that the court has refused.
Pattern of using proceedings to harass, control or financially drain the survivor.
Risk of harm to the child or the other parent from further applications.

How it works / how to ask for it

Ask in writing as part of your final position statement. Cite PD12Q (the practice direction added in 2022) and Re A (A Child) (s.91(14)) [2021].

Domestic abuse orders that also protect your child

These orders are made against the abusive adult, but each one indirectly protects the child by removing, restraining, or controlling the abuser. A child who sees, hears or experiences the effects of abuse is themselves a victim of domestic abuse under section 3 of the Domestic Abuse Act 2021 — every order below can be deployed with the child in mind. Full how-to pages for each are in the Orders library.

Non-Molestation Order (FLA 1996, s.42) — England & Wales

In plain English: A family court injunction forbidding the abuser from using or threatening violence, harassing, pestering, or intimidating you OR a 'relevant child'. Breach is automatically a criminal offence (s.42A) carrying up to 5 years.

When to use it

Children can be named on the order as protected persons — and should be, where they have witnessed abuse or been the target of threats or intimidation.
Useful where the abuser is using phone calls, messages, school gates, or third parties to maintain control over the child.

How it works / how to ask for it

Apply on Form FL401 in the Family Court (free of charge). Can be made without notice in urgent cases — often the same day.
Bring incident evidence: messages, police logs, screenshots, school reports of distress.

Who handles it: Family Court · enforced by the police on breach.

Occupation Order (FLA 1996, ss.33–38) — England & Wales

In plain English: Decides who lives in the family home and who must leave or stay away. Where children are present, this is often the single most protective step — it physically removes the abuser from the child's home.

When to use it

You and the child are still living with the abuser, or you have been excluded from the family home.
The 'balance of harm' test (s.33(7)) is engaged: if the court finds the child is likely to suffer significant harm from the abuser's conduct, it MUST make the order unless making it would cause greater harm to the respondent or the child.

How it works / how to ask for it

Apply on Form FL401, usually together with a Non-Molestation Order. Often heard at the same hearing.

Domestic Abuse Protection Notice / Order (DAPN / DAPO)

In plain English: Police-issued notice (DAPN) lasting up to 48 hours, followed by a court-imposed DAPO which can require the abuser to leave the home, surrender devices, wear a GPS tag, attend a perpetrator programme, and stay away from named children. Replacing the old DVPN/DVPO regime; rolling out in stages from 2024–2026 under the Domestic Abuse Act 2021, Part 3.

When to use it

Police can issue without the victim's consent, where the victim or a child is at risk.
Conditions can be tailored to protect a child specifically — e.g. no contact with the child, no approach to the school.

Who handles it: Police apply for the DAPO; magistrates / family court grant it. Breach is a criminal offence.

Restraining Order (PHA 1997, s.5 / s.5A)

In plain English: Imposed by the criminal court at sentence — and, under s.5A, even on acquittal — to protect a victim and any named children from further harassment, contact or attendance at a school, home or workplace.

When to use it

After a domestic abuse prosecution (conviction or acquittal) where future protection is needed.
Ask the CPS, in writing, to invite the court to include the child by name and to add school/nursery and home-route exclusion zones.

Watch out

These are NOT automatic — the prosecutor must ask. Tell the OIC and CPS before sentence what wording you want.

Stalking Protection Order (Stalking Protection Act 2019, s.1)

In plain English: Civil order applied for by the police in the magistrates' court where someone has carried out acts associated with stalking. Can require the stalker to stay away from the victim, the children, the home address, and named schools — and can impose positive requirements like surrendering devices or attending a programme.

When to use it

Useful in early-stage stalking by an ex-partner where charges have not yet been brought.
Particularly important where children are being used as a route to maintain surveillance (e.g. monitoring devices in school bags, contact handovers used to track movements).

Female Genital Mutilation Protection Order (FGM Act 2003, Sch 2)

In plain English: Family court order to protect a girl at risk of FGM — can require surrender of passports, ban travel abroad, require notification of any change of address, and bar named individuals from contact with the child.

When to use it

Where there is intelligence or evidence that a girl is at risk of being taken abroad for FGM, or pressured into FGM in the UK.
Can be applied for by the girl, a local authority, or any other person with the court's permission. Police and schools can refer.

Who handles it: Family Court · breach is a criminal offence (up to 5 years).

Forced Marriage Protection Order (FMA 2007 / FLA 1996 Part 4A)

In plain English: Family court order to protect a child or adult from being forced into marriage, or to protect them after a forced marriage has happened. Can order surrender of passports, ban travel abroad, prevent contact, and impose obligations on family members.

When to use it

Where a child or young person is at risk of being taken abroad for marriage, kept out of school, or subjected to coercion by family.
Can be made without notice, the same day, in genuine emergencies.

Who handles it: Family Court (designated FMPO courts) · breach is a criminal offence (up to 5 years).

Interdict with Power of Arrest (Scotland)

In plain English: Scottish civil order from the sheriff court forbidding the abuser from approaching, contacting, or molesting you or a child. A Power of Arrest attached under the Protection from Abuse (Scotland) Act 2001 means the police can arrest immediately on breach.

When to use it

Scottish equivalent of a non-molestation order. Children can be protected by including their school, nursery, or your home address as places the abuser must not approach.

Who handles it: Sheriff Court · enforced by Police Scotland.

Exclusion Order (Scotland, Matrimonial Homes (Family Protection) (Scotland) Act 1981)

In plain English: Excludes the abuser from the family home where the child lives. Equivalent in effect to an English Occupation Order.

Non-Molestation Order (Northern Ireland)

In plain English: Made under the Family Homes and Domestic Violence (NI) Order 1998, with the same protective effect as the English order — relevant children can be named, and breach is a criminal offence under the Domestic Abuse and Civil Proceedings Act (NI) 2021.

Who handles it: Family Proceedings Court / Family Care Centre · enforced by PSNI.

How to combine these with the private-law orders above

In plain English: Apply for what you need, in one package. A typical urgent application after separation might bundle: a Non-Molestation Order + Occupation Order (FL401), a Prohibited Steps Order to prevent removal of the child (C100 + C1A), and — if there is a serious risk — a Port Alert plus surrender of the child's passport. Ask the court to list them all together.

Human Rights anchors — why the state MUST act

If a statutory body is dragging its heels (police, social services, CPS), these are the rights you cite. The Human Rights Act 1998 makes the ECHR enforceable in UK courts.

Article 2 — Right to life

In plain English: The state has a positive duty to protect life when authorities know, or ought to know, of a real and immediate risk (Osman v UK). DASH risk grading 'high' or a refuge referral puts the police on notice.

Article 3 — Freedom from torture / inhuman or degrading treatment

In plain English: Sustained domestic abuse can reach this threshold (Opuz v Turkey). Triggers an investigative duty — the state must investigate effectively, not just take a statement and close the file.

Article 6 — Right to a fair trial

In plain English: Applies in family proceedings. You are entitled to special measures (screens, separate entrance/waiting room, video link) under s.63 Domestic Abuse Act 2021 and Part 3A FPR. Your abuser cannot personally cross-examine you (s.65 DAA 2021) — the court must appoint a qualified legal representative for that.

Article 8 — Private and family life

In plain English: Cuts both ways. The state can only interfere with family life when necessary and proportionate. But protecting a child's safety justifies restricting an abusive parent's contact — Re L (Contact: Domestic Violence) [2000].

Article 14 — Non-discrimination

In plain English: If the state's response is inadequate because of stereotyped attitudes to gendered violence, that is itself a human-rights breach (Opuz; Volodina v Russia).

UNCRC (UN Convention on the Rights of the Child)

In plain English: Not directly enforceable but binding on the UK and increasingly cited.

Art 3 — best interests of the child are a primary consideration in all decisions.
Art 12 — the child has a right to be heard in proceedings affecting them.
Art 19 — protection from all forms of violence, including in the home.
Art 39 — recovery and reintegration support for child victims.

Safeguarding referrals — who to call and what they will do

You do not need permission to make a safeguarding referral. Anyone can. If you are a professional, you have a duty under Working Together to Safeguard Children 2023.

MASH (Multi-Agency Safeguarding Hub)

In plain English: Your single front door to the council for child safeguarding. Search your council's website for '[council name] MASH' — every LA has one. Police, social workers, health and education sit together and share information.

How it works / how to ask for it

Phone the MASH and follow up in writing the same day — keep a copy.
Give: child's name, DOB, address, school; the concern; what you've seen/heard; what you've done; any incident/CAD numbers.
Ask: what category will this be triaged under (Early Help / CIN / CP), who is the allocated worker, and when will you hear back.

Designated Safeguarding Lead (DSL) at school/nursery

In plain English: Every education setting has a named DSL whose job is to lead on child protection. They can refer to MASH, give in-school support, and feed evidence into family proceedings.

How it works / how to ask for it

Ask the school for the DSL's name in writing and request a meeting. Ask them to log every disclosure your child makes — these contemporaneous notes are powerful evidence.

NSPCC Helpline — 0808 800 5000

In plain English: 24/7 for adults worried about a child. They can take a referral on your behalf if you don't want your name on it (though anonymous referrals carry less weight).

Childline — 0800 1111

In plain English: Free, confidential, for the child themselves. Available by phone, online chat or email. Children can ask for advice, report abuse, or just talk.

Police — 999 / 101

In plain English: 999 for immediate danger. 101 (or report online at police.uk) for non-emergencies. Always ask for the CAD/incident number and the officer's collar number.

National Domestic Abuse Helpline — 0808 2000 247

In plain English: Refuge-run, 24/7, free, for adult survivors. They can refer to refuges, IDVAs (Independent Domestic Violence Advocates), and your local MARAC if you are high risk.

Practical checklist — building your case

Evidence to gather and keep safely

Police CAD/incident numbers, officer collar numbers, copies of any reports/statements.
Medical records — GP, A&E, midwife (including injuries you didn't initially disclose as DA-related).
Photos with date/time metadata — injuries, damage, screenshots of messages.
School/nursery records — request via subject access; ask the DSL for their safeguarding chronology.
Refuge or IDVA letter confirming engagement and risk grading.
Diary/chronology — date, time, what happened, who saw, what you did. Re-read PD12J: the court wants pattern, not just incidents.
Financial records showing economic abuse — bank statements, denial of access to accounts.

Where to keep it

Cloud storage the perpetrator can't access (a new email he doesn't know about; 2-factor authentication on).
A trusted friend or family member as a second copy.
Your solicitor or IDVA's secure file.

Quick legal reference (for letters and skeleton arguments)

Children of DA survivors are themselves victims under s.3 Domestic Abuse Act 2021. The Children Act 1989 frames public and private law. Article 8 ECHR balances family life with the duty to protect.

Welfare paramountcy (s.1 Children Act 1989)

In any decision about a child's upbringing, the child's welfare is the paramount consideration. The welfare checklist guides decision-making.

Significant harm (s.31)

A care order requires the child is suffering, or likely to suffer, significant harm attributable to the care given (or likely to be given) not being what it would be reasonable to expect a parent to give. Harm includes seeing/hearing the ill-treatment of another (s.120 Adoption and Children Act 2002).

Parental Responsibility

PR is shared by mothers automatically and by fathers married to the mother or named on the birth certificate (post-Dec 2003). PR cannot be removed except by adoption, in narrow circumstances. A non-molestation order does not remove PR.

Public-law options

Section 7 report — welfare report by CAFCASS or local authority.
Section 37 — court directs local authority investigation.
Child Protection Plan — multi-agency plan under Working Together to Safeguard Children.
Special Guardianship Order (s.14A) — gives a non-parent enhanced PR.
Care Order (s.31) / Supervision Order — public-law orders if threshold met.

Private-law protective orders

Prohibited Steps Order — prevent travel, school move, name change, medical decision.
Specific Issue Order — decide a specific question.
Child Arrangements Order — live-with / spend-time-with arrangements.
Section 91(14) Order — bar further applications without leave (extended by Domestic Abuse Act 2021 protections).

Human rights anchors

Article 2 — positive duty on state to protect life where real and immediate risk known.
Article 3 — duty to investigate inhuman/degrading treatment (Opuz v Turkey).
Article 6 — fair trial, applies to family proceedings; right to representation, special measures.
Article 8 — private/family life; protection of child's safety can justify interference with parental contact.
Article 14 — non-discrimination; relevant where state response inadequate to gendered violence.

Safeguarding referrals

MASH — Multi-Agency Safeguarding Hub at the local authority.
Designated Safeguarding Lead at school/nursery.
NSPCC Helpline 0808 800 5000 — adults worried about a child.
Childline 0800 1111 — for the child.
Police — child at immediate risk.