Welfare of Children Ordinance, 2008 - St Helena

36 Welfare of Children
LAWS OF
ST. HELENA
have effect, but not so as to extend it beyond the end of the appeal period.
(5) In this section “the appeal period” means—
(a) where an appeal is made against the decision in question, the period between the
making of the decision and the determination of the appeal;
(b) otherwise, the period during which an appeal may be made against the decision.
Restrictions on applications
51. (1) Where an application has been made for—
(a) the revocation of a care order;
(b) the revocation of a supervision order; or
(c) the substitution of a supervision order for a care order;
no further application of any of those kinds (except in relation to an interim order) may be
made with respect to the child concerned without the leave of the court, unless the period
between the disposal of the previous application and the making of the further application
exceeds six months.
(2) Where an application for an order under section 42 has been refused, the applicant
shall not make a further application for such an order without the leave of the court, unless the
period between the disposal of the previous application and the making of the further
application exceeds six months.
(3) On disposing of any application for an order under this Part, the court may
(whether or not it makes any other order in response to the application) order that no
application for an order under this Ordinance of a specified kind may be made with respect to
the child concerned by any person named in the order without the leave of the court.
(4) References in this section to the leave of the court are to the leave of any court
having jurisdiction to hear the application in question.
Child assessment orders
PART VIII
PROTECTION OF CHILDREN
52. (1) On the application of the Department or authorised person for an order to be
made under this section with respect to a child, the Magistrates‘ Court may make the order if
(and only if) it is satisfied that—
(a) the applicant has reasonable cause to suspect that the child is suffering, or likely to
suffer, significant harm; and
(b) an assessment of the state of the child's health or development, or of the way in
which he has been treated, is required to enable the applicant to determine whether
or not the child is suffering, or likely to suffer, significant harm; and
(c)
it is unlikely that such an assessment will be made, or be satisfactory, in the
absence of an assessment order under this subsection.
(2) The court may treat an application under this section as an application for an
emergency protection order.
(3) The court shall not make a child assessment order if it is satisfied—
(a) that there are grounds for making an emergency protection order with respect to the
child; and
(b) that it ought to make such an order rather than a child assessment order.
(4) A child assessment order shall specify the date by which the assessment is to begin,
and shall have effect for such period, not exceeding seven days beginning with that date, as
may be specified in the order.
(5) Where a child assessment order is in force with respect to a child it shall be the
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