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Child Protection
Child Protection Order
If it is believed that your child may be in immediate danger then an application
may be made for a Child Protection Order.
Under S57(1) Children ( Scotland ) Act 1995,anyone can apply for a Child Protection
Order if they have reason to believe a child may be at risk of significant harm.
Under S57 (2) Children ( Scotland ) Act 1995, the local authority can apply for
a Child Protection Order if they have reason to suspect a child to be at risk.
Social Work usually apply for the Child Protection Order on behalf of the local
authority. Application is made to the Sheriff.
If an application is successful, the Sheriff can order that your child be removed
from their home to a safe place, or prevent the removal of your child, for example
from a hospital or from their grandparent's home etc. The Sheriff can attach
conditions to the Order to ensure the protection of your child (for example that
they have no contact with a particular named person or that your child must have
a medical examination etc.).
A Child Protection Order lasts up to 8 days.
If a Child Protection Order has been granted, you have the right to apply to the
Sheriff for the Order to be recalled or varied. This can be done prior to the Initial
Children's Hearing on the 2 nd day.
The Reporter to the Children's Hearing can also recall this Order during this
time, if it is believed the Order is no longer required.
If no application for recall is made, the Order will proceed to a full Children's
Hearing on the 8 th day, at which point, if necessary, the Children's Panel
can make any necessary arrangements to protect your child through other legal measures.
If a Child Protection Order is sought for your child you should seek legal advice
at the start of this process. Legal aid may be available.