- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)A local authority may apply to the sheriff for a child assessment order in respect of a child.
(2)A child assessment order is an order authorising an officer of a local authority or a person authorised by that officer to carry out (subject to section 186) an assessment of—
(a)the child’s health or development, or
(b)the way in which the child has been or is being treated or neglected.
(3)An order may—
(a)require any person in a position to do so to produce the child to the officer,
(b)for the purpose of carrying out the assessment, authorise the taking of the child to any place and the keeping of the child at that place or any other place for a period specified in the order,
(c)where it contains an authorisation of the type mentioned in paragraph (b), include directions about contact between the child and any other person.
(4)A child assessment order must specify the period during which it has effect.
(5)That period must—
(a)begin no later than 24 hours after the order is granted, and
(b)not exceed 3 days.
(1)This section applies where an application for a child assessment 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 cause to suspect—
(i)that the child has been or is being treated in such a way that the child is suffering or is likely to suffer significant harm, or
(ii)that 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,
(b)an assessment of the kind mentioned in section 35(2) is necessary in order to establish whether there is reasonable cause to believe that the child has been or is being so treated or neglected, and
(c)it is unlikely that the assessment could be carried out, or carried out satisfactorily, unless the order was made.
(3)The sheriff may, instead of making a child assessment order, make a child protection order if the sheriff considers the conditions in section 38(2) are satisfied.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: