Children's Hearings (Scotland) Act 2011 (asp 1)

Part 5 S Child assessment and child protection orders

Consideration of application by sheriff S

38 Consideration by sheriff: application by local authority only S

(1) This section applies where an application for a child protection order in respect of a child is made by a local authority.

(2) The sheriff may make the order if the sheriff is satisfied that—

(a) the local authority has reasonable grounds to suspect that—

(i) the child has been or is being treated in such a way that the child is suffering or is likely to suffer significant harm,

(ii) the child has been or is being neglected and as a result of the neglect the child is suffering or is likely to suffer significant harm, or

(iii) the child will be treated or neglected in such a way that is likely to cause significant harm to the child,

(b) the local authority is making enquiries to allow it to decide whether to take action to safeguard the welfare of the child, or is causing those enquiries to be made,

(c) those enquiries are being frustrated by access to the child being unreasonably denied, and

(d) the local authority has reasonable cause to believe that access is required as a matter of urgency.

Commencement Information

I1 S. 38 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3