Child Protection Guidance 2021

Part 3: Identifying and responding to concerns about children 104 National Guidance for Child Protection in Scotland 2021 Version 1.0 September 2021 3.96 Child Protection Orders (CPO). In practice, child protection orders are usually applied for by a local authority. However, anyone, including the local authority, can apply for a child protection order under the following criteria when there are reasonable grounds to believe 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 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 the child is likely to suffer significant harm if the child is not removed to and kept in a place of safety; or 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 the order is necessary to protect the child from that harm or from further harm (s39 of the 2011 Act). 3.97 The local authority (but only the local authority) can also apply for a child protection order using the following criteria: a. that 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 iii. the child will be treated or neglected in such a way that is likely to cause significant harm b. the local authority is making enquires to allow it to decide whether to take action to safeguard the welfare of the child, or is causing those enquiries to be made, and 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 (s38 of the 2011 Act) 3.98 When a Sheriff has made a child protection order and the Principal Reporter is satisfied that the criteria for the making of the child protection order are met a children’s hearing must take place on the second working day after the child is removed to a place of safety, where the order authorises removal of the child to a place of safety. Where the order prevents the removal of a child from a place, the hearing must take place on the second working day after the order is made. 3.99 The purpose of this hearing is to consider: • the circumstances which led to the making of the child protection order • whether the conditions for the making of the child protection order continue to be met • whether it is necessary that the order remain in place • whether any variations are required to any directions attached to the order (a CPO contains ‘directions’ which function in the same way as a measure attached to a Compulsory Supervision Order)