Children’s Hearings (Scotland) Act 2011

39 Consideration by sheriff: application by local authority or other person

(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.