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Children’s Hearings (Scotland) Act 2011

178.Subsections (4) and (5) make similar provision for the hearing to make a further interim compulsory supervision order where a child was subject to an interim order immediately prior to the hearing. Where an order has been in place previously, then the urgency in the situation should have been removed due to the effect of the order, for example, a child may already be in a place of safety as a condition of an interim order. However, it may be necessary to continue the order meantime to ensure that the child’s circumstances do not deteriorate pending a substantive decision. As such the test for the making of a further interim order is not that the child’s circumstances are such that urgent action is required but that the order continues to be necessary for the protection, guidance, treatment or control of the child. Subsection (6) provides for the Children’s Hearing to make a medical examination order if it is necessary to obtain further information or to carry out further investigation before making a substantive decision. A child may, for example, be required to reside in an assessment centre, attend an educational psychologist or be subject to a medical examination.

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