Child Assessment Order
A Child Assessment Order allows for the Local Authority to see, and have an assessment undertaken, of a child if it is suspected that the child is likely to, or has suffered significant harm and access is being denied.
Who can apply?
Under Section 55 (1) of the Children (Scotland) Act 1995, the Local Authority can apply for a Child Assessment Order if they have reason to suspect that a child has suffered or is likely to suffer "significant harm", that an assessment is necessary and this assessment is being denied.
A Child Assessment Order allows for a child to be seen and where necessary allows for an assessment of a child's health and development to be undertaken.
How long does it last?
A Child Assessment Order lasts no more than seven days.
The Sheriff can attach conditions to the Order to ensure the safety and welfare of the child and to make sure the Order is carried out. For example, the Sheriff may attach a condition that a child lives at a particular place whilst the assessment is being carried out.
Child Protection Order
On application to the Sheriff for a Child Assessment Order, if the Sheriff believes that the conditions for making a Child Protection Order exist, he/she will issue a Child Protection Order instead.
If a Child Assessment Order is sought for your child you should seek legal advice at the start of this process. Legal aid may be available.
Under the Age of Legal Capacity (Scotland) Act 1991, depending on their age and understanding, a child has the right to agree or refuse to have a medical examination, assessment or treatment and their consent will be sought before any medical assessment will be carried out.