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 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. 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. Such an application has to be determined within three working days. CQ Press Your definitive resource for politics, policy and people. Remember me? Back Institutional Login Please choose from an option shown below. Need help logging in? Click here.
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Copy to Clipboard. Chapter 1. Chapter 2. View Copyright Page [Page iv]. Glossary of Key Terms. Beckford, Jasmine The 4-year-old girl whose death in led to an influential inquiry, chaired by Louis Blom-Cooper, that stressed the importance of pri-oritising the safety and welfare of the child over that of the parents CAMHS Child and Adolescent Mental Health Services, a multi-disciplinary team that offers assessment, treatment and support for mental health prob-lems and disorders to children and their families. Child Anyone who has not yet reached their eighteenth birthday. Risk management Deciding what to do to minimise the assessed risk.
Scottish Legal Framework. To safeguard and promote the child's health, development and welfare until the child reaches the age of To provide direction until the child reaches 16 and to provide guidance until the child reaches To direct and guide the child's upbringing. Marchall , D. Laws and H.
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Mian , M. Milne , R. Milner , J. Block Allow. Print Length des pages. Eileen Munro. The book also provides insight for lawyers into the standards to be expected of social workers, which is helpful in children law work. Eileen Munro writes from the perspective of a depth of academic knowledge and many years of experience.
I like the clarity of her style, and the ease with which she shares information in a palatable way' - Association of Lawyers for Children.