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Children (Scotland) Act 1995

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57 Child protection orders.S

(1)Where the sheriff, on an application by any person, is satisfied that—

(a)there are reasonable grounds to believe that a child—

(i)is being so treated (or neglected) that he is suffering significant harm; or

(ii)will suffer such harm if he is not removed to and kept in a place of safety, or if he does not remain in the place where he is then being accommodated (whether or not he is resident there); and

(b)an order under this section is necessary to protect that child from such harm (or such further harm),

he may make an order under this section (to be known as a “child protection order”).

(2)Without prejudice to subsection (1) above, where the sheriff on an application by a local authority is satisfied—

(a)that they have reasonable grounds to suspect that a child is being or will be so treated (or neglected) that he is suffering or will suffer significant harm;

(b)that they are making or causing to be made enquiries to allow them to decide whether they should take any action to safeguard the welfare of the child; and

(c)that those enquiries are being frustrated by access to the child being unreasonably denied, the authority having reasonable cause to believe that such access is required as a matter of urgency,

he may make a child protection order.

(3)Without prejudice to any additional requirement imposed by rules made by virtue of section 91 of this Act, an application for a child protection order shall—

(a)identify—

(i)the applicant; and

(ii)in so far as practicable, the child in respect of whom the order is sought;

(b)state the grounds on which the application is made; and

(c)be accompanied by such supporting evidence, whether in documentary form or otherwise, as will enable the sheriff to determine the application.

(4)A child protection order may, subject to such terms and conditions as the sheriff considers appropriate, do any one or more of the following—

(a)require any person in a position to do so to produce the child to the applicant;

(b)authorise the removal of the child by the applicant to a place of safety, and the keeping of the child at that place;

(c)authorise the prevention of the removal of the child from any place where he is being accommodated;

(d)provide that the location of any place of safety in which the child is being kept should not be disclosed to any person or class of person specified in the order.

(5)Notice of the making of a child protection order shall be given forthwith by the applicant to the local authority in whose area the child resides (where that authority is not the applicant) and to the Principal Reporter.

(6)In taking any action required or permitted by a child protection order or by a direction under section 58 of this Act the applicant shall only act where he reasonably believes that to do so is necessary to safeguard or promote the welfare of the child.

(7)Where by virtue of a child protection order a child is removed to a place of safety provided by a local authority, they shall, subject to the terms and conditions of that order and of any direction given under section 58 of this Act, have the like duties in respect of the child as they have under section 17 of this Act in respect of a child looked after by them.

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