Child Protection Guidance 2021

Part 3: Identifying and responding to concerns about children 105 National Guidance for Child Protection in Scotland 2021 Version 1.0 September 2021 3.100 A child protection order can have one or more of the following directions attached: • a non-disclosure direction. This is a direction specifying that information in relation to the child, for example the place of safety where the child is being kept, must not be disclosed to a named person or class of persons • a contact direction. This is a direction regulating contact between the child and a named person or class of persons • a parental responsibilities and rights direction. This is a direction regulating parental responsibilities or rights in relation to the child, for example, to provide for medical examination and/or treatment where a parent refuses to consent 3.101 Legal assistance. The child is automatically entitled to legal aid to be assisted by a solicitor at a second working day hearing. This is subject to the child having the capacity to give instructions to a solicitor. 3.102 A police constable may immediately remove a child to a place of safety where he or she is satisfied that the conditions for making a child protection order under s.39 of the 2011 Act (above) are met; that it is not practicable to apply to a Sheriff for such an order; and that the child requires to be removed to a place of safety to protect them from significant harm or from further harm. The child can only be kept in a place of safety for a period of 24 hours and further protective measures may therefore have to be sought within that period. The constable must inform the Principal Reporter as soon as practicable after removing the child. The Principal Reporter has the power to require the constable to release the child, if satisfied that the criteria for keeping the child in a place of safety are no longer met, or it is not in the child’s best interests to remain in a place of safety (s56 of the 2011 Act). 3.103 Application can be made to a Justice of the Peace for an order requiring a child to be produced to a specified person or placing or keeping a child in a place of safety. Such an order may be granted if the Justice of the Peace is satisfied of similar criteria to that for a CPO and that it is not practicable to apply to the Sheriff for a CPO. These orders last for a maximum of 24 hours or until a Sheriff’s determination of a CPO application if earlier. The applicant must inform the Principal Reporter as soon as practicable after the order is made. The Principal Reporter has the power to terminate the order, if satisfied that the criteria for making the order are no longer met, or the order is no longer in the child’s best interests (s55 of the 2011 Act). 3.104 Child assessment order: The 2011 Act (sections 35 and 36) makes provision for the local authority to apply for a child assessment order if it has reasonable cause to suspect that a child has been, or is being treated or neglected in such a way that the child is suffering or is likely to suffer significant harm; that an assessment is needed to establish whether there is reasonable cause to believe that the child is being so treated or neglected; and that it is unlikely that an assessment to establish this could be carried out (or carried out satisfactorily) without obtaining the order (for example, where those with parental responsibility are preventing an assessment of the child being undertaken to confirm or refute the concern). The child assessment order can require the parents or carers to produce the child and allow any necessary assessment (subject to the consent of the child) to take place so that practitioners can decide whether they should act to safeguard the child’s welfare. On application to the Sheriff for a child assessment order, if the Sheriff believes that the conditions for making a child protection order exist, he/she may issue a child protection order instead.