The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013

Child absconding from person

9.—(1) This article applies where—

(a) a person has (or is authorised to have) control of a child by virtue of—

(i) a child assessment order;

(ii) a child protection order;

(iii) an order under section 55 of the 2011 Act;

(iv) section 56 of the 2011 Act;

(v) section 65 of the 2011 Act;

(vi) a compulsory supervision order;

(vii) an interim compulsory supervision order;

(viii) a medical examination order;

(ix) a warrant to secure attendance; or

(x) section 143 of the 2011 Act; and

(b) the child absconds from that person and the child is in a place in England, Wales or Northern Ireland.

(2) The child may be arrested without warrant and taken to that person.

(3) If a court is satisfied that there are reasonable grounds for believing that the child is within premises in that court’s jurisdiction, the court may grant a warrant authorising a constable to—

(a) enter those premises; and

(b) search for the child.

(4) The court may authorise the constable to use reasonable force for those purposes.

(5) Where the child is returned to the person mentioned in paragraph (1), but the person is unwilling or unable to receive the child—

(a) the constable returning the child must immediately notify the Principal Reporter of that fact; and

(b) the child must be kept in a place of safety until the occurrence of the relevant event.

(6) In paragraph (5), the relevant event is—

(a) in the case mentioned in paragraph (1)(a)(i), the end of the period specified in the child assessment order;

(b) in the case mentioned in paragraph (1)(a)(ii), whichever of the following first occurs—

(i) the children’s hearing arranged under section 45 or 69 of the 2011 Act; or

(ii) the termination of the child protection order;

(c) in the case mentioned in paragraph (1)(a)(iii), whichever of the following first occurs—

(i) the order ceasing to have effect under section 55(4) or (5) of the 2011 Act; or

(ii) the determination by the sheriff of an application for a child protection order in respect of the child;

(d) in the case mentioned in paragraph (1)(a)(iv), whichever of the following first occurs—

(i) the giving of notice under section 56(5) of the 2011 Act; or

(ii) the end of the period mentioned in section 56(3) of that Act;

(e) in the case mentioned in paragraph (1)(a)(v), whichever of the following first occurs—

(i) the giving of a direction by the Principal Reporter under section 68(2) or 72(2)(a) of the 2011 Act; or

(ii) the children’s hearing arranged by virtue of section 69(2) of the 2011 Act;

(f) in the case mentioned in paragraph (1)(a)(vi), the children’s hearing arranged by virtue of section 131(2)(b) of the 2011 Act;

(g) in the cases mentioned in paragraph (1)(a)(vii) and (ix) whichever of the following first occurs—

(i) the next children’s hearing that has been arranged in relation to the child; or

(ii) the next hearing before the sheriff relating to the child that is to take place by virtue of the 2011 Act; or

(h) in the cases mentioned in paragraph (1)(a)(viii) and (x), the next children’s hearing that has been arranged in relation to the child.