Scotlands Children



Scotland's Children *A Brief Guide to The Children (Scotland) Act 1995* *Annex 3 - Key Terms in the Act* Accommodated A child is accommodated by a local authority where he or she is looked after for any of the reasons set out in section 25 of the Act. Child Assessment Order This new order to be granted by a sheriff on application of a local authority will enable social workers to gain access to any child whose safety they are concerned about and whose parents are refusing to co-operate. A sheriff before granting the order will have to be satisfied that there is reasonable cause to suspect that a child is suffering or likely to suffer significant harm and that an assessment of the child is necessary to resolve these concerns. This order is time-limited to a maximum duration of 7 days. Child Protection Order This new order to be granted by a sheriff on the application of any person, will allow the removal of a child from home where there is reasonable cause to believe that the child is suffering or is likely to suffer significant harm and where immediate removal to a place of safety is necessary for his or her safety. Compulsory Measures of Supervision A child may be in need of compulsory measures of supervision if one of the conditions listed below is satisfied with respect to him or her he is beyond the control of any relevant person he is falling into bad associations or is exposed to moral danger he is likely to suffer unnecessarily; or he is impaired seriously in his health or development, due to a lack of parental care any offence mentioned in Schedule I to the Criminal Procedure (Scotland) Act 1975 (offences against children to which special provision apply) has been committed against the child, or the child is likely to become a member of the same household as a child in respect of whom such an offence has been committed, or a person who has committed such an offence he is, or is likely to become, a member of the same household as a person in respect of whom a specified sexual offence has been committed he has failed to attend school regularly he has committed an offence he has misused alcohol, drugs or inhaled a volatile substance he is being looked after by the local authority and special measures are necessary for his adequate supervision in his interest or the interest of others Exclusion Orders This order enables a sheriff to exclude an abuser from the family home (rather than removing the child) where the criteria for the making of a Child Protection Order are met. It will be available for use in emergency situations. In Need Any reference to a child being in need in the Act means a child is in need of care and attention because he/she is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development unless services are provided for him under or through Part II of the Act his/her health or development is likely significantly to be impaired, or further impaired, unless such services are provided he/she is disabled; or is affected adversely by the disability of any other person in his family Looked After The expression looked after covers children provided with accommodation by local authorities under section 25 of the Act children who are subject to supervision requirements following decisions by a children's hearing children who are subject to an order, warrant or authorisation under which the local authority has responsibilities as respects the child Parental Responsibilities Order On the application of a local authority; the sheriff may make an order transferring the appropriate parental rights and responsibilities relating to a child, to that authority where certain criteria are met. Principal Reporter The official to whom all referrals must be made regarding children who may be in need of compulsory measures of supervision. The Principal Reporter and his staff decide whether it is necessary in the child's interests for him or her to attend a children's hearing. Relevant Person In relation to a child relevant person means any person who has parental responsibilities or parental rights under Part I of the Act any person who is given parental responsibilities or rights by the Act any person who ordinarily has charge of, or control over the child Safeguarder Safeguarders are independent persons appointed by a court or children's hearing when they consider it necessary to safeguard the interests of the child in cases before them. Supervision Requirement where a child is in need of compulsory measures of supervision, a children's hearing may make a supervision requirement in respect of the child, setting out where the child is to live and any conditions to be complied with. The local authority is required to give effect to any such requirement.