Child Protection Procedures - East Ayrshire Council

7.16.3 The sheriff when considering whether to make, vary or discharge an
exclusion order, must give the child concerned, taking account of
his/her age and maturity, an opportunity to express his/her views if
he/she wants to and the sheriff must have regard to any views
expressed. The means of taking the view of the child are for the
sheriff to determine in accordance with the rule of court.
7.17 Steps to be taken in preparing an application
7.17.1 When consideration is being given to the necessity of making an
application for an exclusion order this should be discussed with the
local Service Unit Manager.
7.17.2 Before making a decision about the need for an exclusion order the
Service Unit Manager/Team Leader will convene and chair a case
discussion to consider the matter. The case discussion will involve
representatives of appropriate agencies, in particular: health,
education and housing staff, as well as the authority's legal services.
7.17.3 The case discussion have to consider whether the criteria for an
exclusion order are satisfied and pay particular attention as to
whether co-operation may be obtained in any other way and whether
in all the circumstances an exclusion order is the most appropriate
measure to be sought.
7.17.4 The case discussion must consider any difficulties likely to be
encountered in implementing the order, if granted. In particular, it
should consider whether assistance may be required from the
police/sheriff officers to enforce the order.
7.17.5 It is unlikely that an exclusion order will be used to provide
emergency protection for a child. In these circumstances an interim
order should be sought. This has the same effect as an exclusion
order but can be granted immediately by the sheriff before the
hearing takes place. If the hearing is not held within 3 working days
then the interim exclusion order will fall.
7.17.6 Exclusion orders may also be used when a child protection order has
been granted but subsequent discussions have found that it would be
in the best interests of the child to be returned home and the
suspected adult perpetrator, who still poses a risk to the child, will not
voluntarily leave the home.
7.18 Information required for an application
7.18.1 The main determinants of the decision to seek an order will be
evidence of:
• The degree of significant harm
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