Child Protection Procedures - East Ayrshire Council

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has been received which makes them believe that harm exists or is likely. 7.13.5 Evidence will be required by the sheriff to demonstrate that the harm is significant. The Act does not define significant harm, but it will need to be demonstrated that the harm is not of a "minor, transient or superficial nature". Therefore it is important that the application contains information which indicates: • the nature of the harm • the source of the harm • the extent of the harm. 7.13.6 Where possible evidence about harm should be supported by evidence in the form of statements or reports and/or research. In a report by Sheriff Kearney (SCOLAG) staff led evidence on sexual abuse based on research which stated siblings were also at high risk of abuse. 7.14 Action following a sheriff's decision 7.14.1 The Service Unit Manager must ensure that attempts are made to implement the order without delay. If no attempt is made to implement the order within 24 hours it will cease to have effect. 7.14.2 It is the responsibility of the applicant to serve notice on various parties of the order. The order should be served on the following: • The child • The parent (or relevant person) whose whereabouts are known • The Principal Reporter. 7.14.3 Immediately following the granting of a child protection order the Service Unit Manager must ensure that all the material presented to the sheriff is made available to the Authority Reporter. 7.14.4 On serving the order advice must be given about the provision for seeking variations or discharge of the order, and this should be confirmed within an explanatory note which should be given to parents (or the relevant person) informing them of their rights and responsibilities under the order. 7.14.5 If there is no application for variation or recall before expiry of the order, there will be an initial hearing within 2 working days and a full hearing on the 8th working day. The Team Leader must ensure that the appropriate social work staff are in attendance. 7.14.6 Application for variation or recall of the order can be made for either prior to or following the initial hearing. In the event of an application 102
for recall or variation the Team Leader should consult with the appointed Solicitor to ensure that appropriate social work staff and all relevant information are available to the hearing. This will facilitate the 3 working day timescale for this hearing to take place to prevent the order lapsing. The child protection order ceases to have effect where the Reporter determines that the conditions for making a child protection order are no longer met. 7.14.7 Following an application for a child protection order being granted, if the Reporter, considers that the child protection order conditions are no longer satisfied, he/she can decide that the order is no longer appropriate. In these circumstances the Service Unit Manager/Team Leader should consider convening a case discussion to decide what action if any, may be required. 7.15 Exclusion Orders and Interim Exclusion Orders What is an exclusion order and what can it do? 7.15.1 An exclusion order is a statutory measure available to protect children from significant harm by excluding an alleged abuser from the family home or household. An exclusion order has the effect of suspending the named person's rights of occupancy (if any) to the family home. It also prevents the person - whether an occupier or not - from entering the home, except with the permission of the local authority which applied for the order. A person named in an exclusion order may be the child's parent or a member of the child's family or anyone from whom it is considered necessary to protect a child from significant harm or the threat of harm, for example, a visitor to the family home. 7.15.2 Section 77 of the Act allows the sheriff when making an exclusion order to do any of the following: • Grant a warrant for the summary ejection of the named person from the home • Grant an interdict prohibiting the named person from entering the home without the express permission of the local authority • Grant an interdict prohibiting the removal by the named person of any relevant item specified in the interdict from the home, except either: (a) with the written consent of the local authority, or of an appropriate person; or (b) by virtue of a subsequent order of the sheriff • Grant an interdict prohibiting the named person from entering or remaining in a specified area in the vicinity of the home 103
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CHILD PROTECTION PROCEDURES The Eas
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CONTENTS Foreword Section 1: Defini
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Section 5: The Child Protection Reg
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APPENDICES Appendix 1: The Main Tas
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1.0.4.1 If it is agreed that a join
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1.3 Sexual Abuse 1.3.1 “Any child
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SECTION 2 Investigation of Suspecte
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Team Leader will liaise with the Se
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interviews by a Police Officer and
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e widely available to general pract
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2.8 Child and Adolescent Psychiatry
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properly investigating them can als
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person with whom the child shares h
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(i) (j) (k) (l) Once a referral has
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for formal intervention in this par
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public interest to prosecute. It is
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(Article 19 of the UN Convention on
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made available. The criminal aspect
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3.7 Convicted Offenders 3.7.1 A sep
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serious addiction by the parent who
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3.12 Children with a disability or
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3.14.1.3 Any such concerns should b
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3.14.8 Deciding on How the Matter s
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3.14.13.3 The Link Worker/Family Pl
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3.15.1.4 Attention to young peoples
Page 51 and 52: 3.15.4.6 While the possible need fo
Page 53 and 54: • deciding that there is an alleg
Page 55 and 56: The safety of other children 3.15.6
Page 57 and 58: 3.15.7.8 An assessment of the immed
Page 59 and 60: 3.15.7.21 At an appropriate stage t
Page 61 and 62: 3.15.7.35 Any involvement of a youn
Page 63 and 64: 3.17.2.2 There are two important el
Page 65 and 66: 3.17.4.2 Social workers must submit
Page 67 and 68: 3.19 The Data Protection Act 3.20.1
Page 69 and 70: 3.21.6.5. A child may have to give
Page 71 and 72: eport this to the Service Unit Mana
Page 73 and 74: of making this decision. It may wel
Page 75 and 76: 4.6 Professionals and Others 4.6.1
Page 77 and 78: his or his wishes and feelings and
Page 79 and 80: 4.13.1 Once a child’s name has be
Page 81 and 82: 4.18 Key worker 4.18.1 A key worker
Page 83 and 84: Section 5 The Child Protection Regi
Page 85 and 86: 5.7.1 There are two Child Protectio
Page 87 and 88: (f) (g) (h) (i) (j) (k) (l) (m) (n)
Page 89 and 90: 5.15 A Registered Child moving into
Page 91 and 92: SECTION 6 Informing and Consulting
Page 93 and 94: 6.5.4 Family members will need to k
Page 95 and 96: • The procedure for making an app
Page 97 and 98: 7.5 Information required for an app
Page 99 and 100: to any person or class of person sp
Page 101: 7.12 Procedure for making an applic
Page 105 and 106: 7.16.3 The sheriff when considering
Page 107 and 108: notification for the application fo
Page 109 and 110: 7.22.7 If an emergency authorisatio
Page 111 and 112: (e) (f) (g) (h) Having undertaken i
Page 113 and 114: procedures for application to a She
Page 115 and 116: Families) or equivalent. It will be
Page 117 and 118: there is significant concern for th
Page 119 and 120: 8.7.8.5 The Team Leader will inform
Page 121 and 122: (o) Where there is disagreement abo
Page 123 and 124: It will be the responsibility of ea
Page 125 and 126: (b) (c) (d) (e) No explanation of t
Page 127 and 128: Abdominal Injuries In a few cases,
Page 129 and 130: • Unusual genital odour. • Anxi
Page 131 and 132: APPENDIX 3 Referral/Reporting Conta
Page 133 and 134: Glossary of Medical Terms and Condi
Page 135 and 136: Appendix 5 HIV and other blood-born
Page 137 and 138: • Should worker’s aim for a sam
Page 139 and 140: APPENDIX 6 List of Sign Language In
Page 141 and 142: APPENDIX 8 East Ayrshire Council Ch
Page 143 and 144: Risk Assessment Risk Assessment is
Page 145 and 146: for each release in a planned progr
Page 147 and 148: Assessment and Supervision of Sex O
Page 149 and 150: • is over sixteen • is a convic
Page 151 and 152: Help To: The Director of Social Wor
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APPENDIX 11 EAST AYRSHIRE COUNCIL E
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Signed: Print Name: Status: Date: S
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Child Protection Procedures - East Ayrshire Council

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