Scotland's Children

A Brief Guide to The Children (Scotland) Act 1995

5: Protection of Children

Part II of the Act introduces significant changes in provisions for the protection of children at risk. The Act introduces three new court orders designed to protect children from harm or the risk of harm.

CHILD PROTECTION ORDER

The Child Protection Order replaces the existing provisions governing the removal of children from home where they are in danger. The Act allows anyone to apply to a sheriff for a Child Protection Order, and the sheriff may make such an order if he is satisfied that there are reasonable grounds to believe that the child

• is suffering significant harm because of ill-treatment or neglect
• will suffer such harm if he or she is not removed to, or allowed to remain in, a place of safety?

The Child Protection Order is focused firmly on the individual needs of the child. Subject to any conditions imposed by the sheriff, it may

• require any person in a position to do so to produce the child
• authorise the child’s removal to a place of safety; or
• authorise the prevention of the child's removal where he is already in a place of safety

Parents and the child will have an early opportunity to have the order set aside or varied by the sheriff Such an application has to be determined within 3 working days.

EXCLUSION ORDER

The Exclusion Order is an innovative measure, designed to reduce disruption and distress to children who may already have suffered physical or mental abuse. It can be obtained from the sheriff on broadly the same criteria as for a Child Protection Order. If granted, the order would require the person to whom the harm (or potential harm) is attributed to leave the family home or not to visit it, if he lives elsewhere. This is an alternative to removing the child from the security, of his or her home under a Child Protection Order. Exclusion may take place at once but, as in the case of a Child Protection Order, provision is made for early review of the order by a sheriff

CHILD ASSESSMENT ORDER

If there is good reason to suspect that a child may be suffering harm and parents refuse to allow the child to be seen in order to resolve those suspicions, a sheriff can make a Child Assessment order which gives the local authority? a legal right to see and assess the child, or arrange for the child to be assessed by other professionals, such as a doctor or psychiatrist. The order may last for up to seven days and will not normally require the child's removal from his or her family home unless there is clear evidence that this is necessary.