Child Protection Procedures - East Ayrshire Council

notification for the application for an exclusion order is not a referral
to the Children's Reporter, notification of the granting of such an
order or an interim order is treated as a referral.
7.21 Emergency Child Protection Authorisations
7.21.1 The local authority, or any other person may apply in an emergency
to a justice of the peace for authorisation to remove a child to a place
of safety or, to prevent a child from being moved from the place
where he or she is being accommodated.
7.21.2 In addition, a police officer, acting in accordance with Section 61 (5),
may remove a child to a place of safety without authorisation.
7.21.3 Section 61(4) requires that the child must be in, or be on the way to
the place of safety within twelve hours of the authorisation by the
Justice of the Peace otherwise the authorisation ceases to have
effect. Sections 61(4), (5), and (6) provide that authorisation last for a
maximum of twenty four hours from being granted by the Justice of
the Peace, or from removal to a place of safety by the police. The
further protection of the child requires to be addressed through a
child protection order.
7.21.4 Social work staff should only consider approaching a Justice of the
Peace for authorisation after taking all reasonable steps to secure an
audience before a Sheriff for the purposes of applying for a child
protection order. Police officers will only invoke Section 61 (5) when it
is not practical to apply to a sheriff and the need for immediate action
is indicated.
7.22 The authorisation and what it may do
7.22.1 An authorisation granted by a Justice of the Peace may:
• Require the child to be produced to the applicant
• Prevent any person from removing the child from the place
where he or she is then being accommodated
• Authorise the applicant to remove the child to a place of
safety and keep him or her there until the authorisation
expires.
• Give discretion as to contact with relevant person (Rule 16
The Emergency Child Protection Measures (Scotland)
Regulations )
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