Child Protection Guidance 2021

Part 3: Identifying and responding to concerns about children 106 National Guidance for Child Protection in Scotland 2021 Version 1.0 September 2021 3.105 The authority may ask, or the Sheriff may direct, someone such as a GP, paediatrician or psychiatrist to carry out all or any part of the assessment. The order may also authorise the taking of the child to a specified place, and keeping them there, for the purpose of carrying out the assessment and may make directions as to contact if it does so. Practitioners must assist in carrying out these assessments when asked to do so. Where the child is of sufficient age and understanding, they may refuse consent to a medical examination or treatment whether or not a child assessment order is made. For further information, see the section above on health assessments. 3.106 An Exclusion Order may be granted when on application of a local authority when a sheriff is satisfied, that excluding a named person from the family home is necessary for the protection of the child, irrespective of whether the child is for the time being residing in the family home. The order will only be granted if it better safeguards the child’s welfare than the removal of the child from the family home, and if there will be a person specified in the application who is capable of taking responsibility for providing appropriate care for the child and any other member of the family who requires care, and who is, or will be, residing in the family home. The test for granting is that the child has suffered, is suffering, or is likely to suffer, significant harm as a result of any conduct, or any threatened or reasonably apprehended conduct, of the named person (s76 Children (Scotland) Act 1995). A power of arrest may be attached to an interdict associated with such an order. The maximum duration of such an order is six months. 3.107 Above the specific considerations relating to each emergency situation there are three overarching principles contained in the 2011 Act which must be applied when children’s hearings and courts are making all (with limited exceptions) decisions about a child. The 2011 Act has been amended by the Children (Scotland) Act 2020, but this is not fully in force as yet. The three principles are: • the need to safeguard and promote the welfare of the child throughout the child’s childhood is the paramount consideration (sections 25 and 26 of the 2011 Act) • the child must be given an opportunity to express views in a manner suitable to the child, and decision-makers must have regard to any views expressed by the child, taking into account the child’s age and maturity (section 27 of the 2011 Act). Section 3 of the 2020 Act requires decision-makers to give the child an opportunity to indicate whether the child wishes to express a view, in the manner the child prefers or in a manner that is suitable to the child (in the absence of any expressed preference or where it would not be reasonable to accommodate the child’s preference). There is an exception if, (a) the child is not capable of forming a view, or (b) the location of the child is not known. The 2020 Act provides that a child is to be presumed to be capable of forming a view, unless the contrary is shown • a children’s hearing or a sheriff is only to make, vary, continue or extend orders, or grant warrants if it is better for the child that the order, interim variation of the order, or warrant were in force than not (sections 28 and 29, 2011 Act) 3.108 Preparation and reporting. A fully updated child’s plan may not be available to panel members at a second working day hearing. Therefore, practitioners attending need to prepare thoroughly for the hearing. The evidence, patterns, perspectives and analysis which inform a recommendation in a child’s best interests must be presented in an accessible way in order to enable a safe, competent, child-focused process and outcome.