Child Protection Procedures - East Ayrshire Council
Child Protection Procedures - East Ayrshire Council
Child Protection Procedures - East Ayrshire Council
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to any person or class of person specified in the<br />
order itself.<br />
7.8.2 A child subject to a child protection order is "a looked after child"<br />
under the terms of the <strong>Child</strong>ren (Scotland) Act 1995.<br />
7.8.3 The sheriff may make directions as to contact with the child and/or<br />
medical or psychiatric examination or other assessment or interview<br />
of the child.<br />
7.8.4 The duration of the order is limited to a maximum of 8 working days<br />
from implementation until a <strong>Child</strong>ren's Hearing meets in accordance<br />
with Section 65(2) of the Act.<br />
7.9 Conditions to be satisfied before an order can be obtained<br />
7.9.1 Under Section 57(1) of the Act a local authority or any person may<br />
apply to the sheriff for a child protection order if there are reasonable<br />
grounds to believe that a child is being treated or neglected in such a<br />
way that he/she is suffering significant harm or will suffer such harm<br />
if she/he is not removed to a place of safety and that such an order is<br />
necessary to protect the child from such harm or further harm.<br />
7.9.2 Under Section 58 the Court may make directions relating to contact<br />
with the child and the exercise of the parental rights and<br />
responsibilities, as well as directions regarding an examination of the<br />
physical or mental state of the child.<br />
7.9.3 In terms of Section 57(2) of the Act, on application by a local<br />
authority (and only a local authority), the sheriff may make a child<br />
protection order if satisfied that the following conditions are met:<br />
• That the applicants have reasonable grounds to suspect<br />
that a child is being or will be treated or neglected in<br />
such a way that he/she is suffering, or will suffer<br />
significant harm<br />
• That the local authority are making or causing to be made<br />
inquiries to allow them to decide whether they should take<br />
any action to safeguard the welfare of the child<br />
• That their inquiries are being frustrated by the<br />
unreasonable denial of access to the child in<br />
circumstances where the local authority has reasonable<br />
cause to believe that such access is required as a matter<br />
of urgency.<br />
7.10 Steps to be taken before applying for an order<br />
7.10.1 Before deciding to apply for a child protection order there are a<br />
number of matters which as far as is practicable should be<br />
considered:<br />
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