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Child Protection Procedures - East Ayrshire Council

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• The procedure for making an application<br />

• The action to be taken following a sheriff's decision.<br />

7.2 <strong>Child</strong> Assessment Order<br />

7.2.1 What is a <strong>Child</strong> Assessment Order?<br />

7.2.1.1 A child assessment order is an order of the Court<br />

authorising an assessment of a child's health and<br />

development and of the way a child is being treated. A<br />

child subject to a child assessment order is a looked after<br />

child under the terms of the <strong>Child</strong>ren (Scotland) Act<br />

1995.<br />

7.2.1.2 A sheriff may make directions regarding the contact which<br />

the child should have with the parents, other family<br />

members and any person named in the order. Any such<br />

direction must be complied with by the local authority.<br />

7.3 Conditions to be satisfied before an order can be obtained<br />

7.3.1 In the course of fulfilling their duty under Section 53 of the <strong>Child</strong>ren<br />

(Scotland) Act 1995 to inquire into information which suggests a child<br />

may be in need of compulsory measures of supervision, a local<br />

authority may consider it necessary to seek a child assessment<br />

order.<br />

7.3.2 In order to satisfy a sheriff that such an order is necessary the<br />

following three conditions set out in Section 55 (1) require to be met:<br />

• The local authority must have reasonable cause to suspect<br />

that the child for whom the order is being sought is being<br />

so treated (or neglected) that he/ she is suffering, or is<br />

likely to suffer, significant harm<br />

• Such assessment of the child is required in order to<br />

establish whether or not there is reasonable cause to<br />

believe that the child is so treated (or neglected) and<br />

• Such assessment is unlikely to be carried out, or be carried<br />

out satisfactorily, unless the order is granted.<br />

7.4 Steps to be taken before applying for an order<br />

7.4.1 When considering whether an application for a child assessment<br />

order is appropriate it is important to recognise that assessment will<br />

be the key to decision making about the needs of children and their<br />

95

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