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Child Protection
Exclusion Order
Only a local authority can apply for an Exclusion Order under S76 (1).Children (Scotland)
Act 1995
Where a Sheriff is satisfied that the conditions for making an Exclusion Order exist,
he/she can order that a named person be ejected or exclude from your child's family
home to ensure your child's protection.
An Exclusion Order can last up to 6 months and the Sheriff can attach conditions
to the Order to ensure your child's protection. For example the police can be issued
with powers of arrest without warrant, which allows them to arrest the 'named person'
if they believe them to be in danger of breaching the Exclusion Order or one of
the conditions attached. The Sheriff can also attach a condition that the named
person must not go within the vicinity of the child's home or school or have any
contact with the child etc.
The named person has the right to appear in front of the Sheriff prior to an Exclusion
Order being granted to state their case, and the Sheriff will take their views into
account before any decision to grant an Order is made.
Where a Sheriff believes grounds exist for the making of a Child Protection Order
the Sheriff may grant a
Child Protection Order instead of an Exclusion Order, and the child may
be removed from their home to a place of safety, rather than the ejection or exclusion
of an 'named person' from the child's home.