Child Protection Procedures - East Ayrshire Council

• is over sixteen
• is a convicted sex offender
• has acted in such a way as to give reasonable cause to believe that an order is
necessary to protect the public from serious harm from him.
Prohibitions that may be imposed are those necessary for the protection of the public
from serious harm. A constable may arrest the offender without a warrant if he
reasonably suspects him of doing anything prohibited by the sex offender order.
It is important that this provision is considered at case conferences as a potentially
useful measure to attempt to protect children and vulnerable adults from known sex
offenders.
Exclusion Orders
In addition, councils have the power under the Children (Scotland) Act 1995 to
consider an exclusion order.
Exclusion orders are a potentially useful provision in helping to protect children and
vulnerable adults, and should be considered at all case conferences.
The provision is potentially appropriate at all stages:
• when an allegation is made
• when there are problems controlling a prisoner's access to a child or vulnerable
adult when on release
• prior to an offender's release from prison or indeed at any stage where there
are concerns that a child has suffered, is suffering or is likely to suffer
significant harm.
It is important to note that an exclusion order can be taken out on someone who is not
a relative.
While the standard of evidence for an exclusion order is higher than that for a child
protection order, nevertheless, it is not necessary to actually have a conviction in
order to apply for an exclusion order.
An exclusion order lasts for 6 months but an application can be made for another at
the end of this period provided that the same circumstances persist. There is a need
to bear this in mind and plan in advance.
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