Child protection orders
Protecting a child
In some cases urgent action may be required to protect a child from actual or likely significant harm. At times, a child's parents or carer's may agree to Local Authority Social Work services providing the child with accommodation and looking after them until concerns about the child's safety, or allegations of abuse or neglect can be clarified.
Social Work services might also consider whether others in the child's extended family or social network could look after the child while agencies carry out further inquiries or assessment. There will, however be cases where the risk of significant harm, or the possibility of the parents or carers removing the child without notice, makes it necessary for agencies to take legal action for the child's protection.
Any person may apply to a Sheriff for a Child Protection Order or the Local Authority may apply for a Child Assessment Order or Exclusion Order.
- A Child Protection Order authorises the applicant to remove a child from circumstances in which he or she is at risk, or keep him or her in a place of safety.
- An Exclusion Order requires the removal of a person suspected of harming the child from the family home.
- 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.
Child Protection Order
If it is believed that a child may be in immediate danger, then an application may be made for a Child Protection Order.
- Under Section 57 (1) Children (Scotland) Act 1995, anyone can apply for a Child Protection Order if they have reason to believe a child may be at risk of "significant harm".
- Under Section 57 (2) Children (Scotland) Act 1995, the Local Authority can apply for a Child Protection Order if they have reason to suspect a child to be at risk.
Social Work services usually apply for the Child Protection Order on behalf of the Local Authority. Application is made to a Sheriff.
Following application for a Child Protection Order
If an application is successful, the Sheriff can order that a child be removed from their home to a safe place, or prevent the removal of a child, for example, from a hospital or from their grand-parents home. The Sheriff can attach conditions to the Order to ensure the protection of a child, for example, a condition that they have no contact with a particular "named person" or that a child must have a medical examination. A Child Protection Order lasts up to eight days.
Appeal
If a Child Protection Order has been granted, you have the right to apply to the Sheriff for the Order to be recalled or varied. This can be done prior to the initial Children's Hearing on the second day.
The Reporter to the Children's Hearing can also recall this Order during this time, if it is believed the Order is no longer required.
If no application for recall is made, the Order will proceed to a full Children's Hearing on the eighth day, at which point the Children's Hearing can make any necessary arrangements to protect your child through other legal measures.
If a Child Protection Order is sought for your child, you should seek legal advice at the start of this process. Legal aid may be available.
Emergency Police Powers
In an emergency situation, where a police officer has reasonable cause to believe that the conditions for making a Child Protection Order are satisfied and it is not practical in the circumstances to make such an application to the Sheriff, then the officer may remove the child to a place of safety (Section 61 (5) Children (Scotland) Act 1995).
The power to remove the child only lasts 24 hours; thereafter the police (or another person) need to apply to the Sheriff for a Child Protection Order to secure the child's place of safety.
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