Children's Hearings (Scotland) Act 2011, Cross Heading: Consideration of application by sheriff is up to date with all changes known to be in force on or before 13 July 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(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
I1S. 38 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
(1)This section applies where an application for a child protection order in respect of a child is made by a local authority or other person.
(2)The sheriff may make the order if the sheriff is satisfied that—
(a)there are reasonable grounds to believe 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,
(iii)the child is likely to suffer significant harm if the child is not removed to and kept in a place of safety, or
(iv)the child is likely to suffer significant harm if the child does not remain in the place at which the child is staying (whether or not the child is resident there), and
(b)the order is necessary to protect the child from that harm or from further harm.
Commencement Information
I2S. 39 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
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