Child Protection
Legal aspects
The Child Protection Register
The names of children for whom there are concerns of possible future significant
harm may be placed on the Child Protection Register. The Child Protection Register
is held by social work and is incorporated into the social work computerised system.
The Child Protection Register has no statutory status, it is merely a mechanism
for highlighting children for whom there are serious concerns. Access to the Child
Protection Register is strictly controlled, however, information about the child's
status and situation can be shared amongst agencies where necessary to protect the
child.
Core Groups
If a child's name is placed on the Child Protection Register, a Child Protection
Plan is agreed and a Core Group identified. The Child Protection Plan sets out what
needs to be done to support the child and family, and reduce the risk of future
harm.
The Core Group is made up of a small group of people who work with the child and
family, who meet (along with the child and family) on a regular basis (usually 4
- 6 weeks) to look at the Child Protection Plan and review progress being made.
Any difficulties progressing the Child Protection Plan will be identified and changes
to the child protection plan will be considered to deal with these difficulties.
The progress of the Child Protection Plan will be reported to the Review Child Protection
Case Conference.
Review Child Protection Case Conference
A Review Child Protection Case Conference is usually held within 3 months of a child's
name being placed on the Child Protection Register.
The purpose of the Review Child Protection Case Conference is to review the Child
Protection Plan.
The Review is similar to the Initial Child Protection Case Conference in that again
a full discussion will take place and reports are made available. If there has been
sufficient progress then consideration will be given to whether the child's name
should be removed from the Child Protection Register. If little progress has been
made then consideration will be given to whether the child's name remains on the
Register or whether further child protection action is required.
If the child's name remains on the Register, the Child Protection Plan will be reviewed
and any necessary adjustments made, and a further Review Child Protection Case Conference
arranged for no later than 3 months from this meeting.
Child Protection Order
If it is believed that a child may be in immediate danger then an application can
be made for a Child Protection Order. Under S57(1) of the Children (Scotland) Act
1995 anyone can apply for a Child Protection Order if they have reason to believe
a child may be in at risk of significant harm. The local authority can
apply for a Child Protection Order under S 57 (2) of the Act if they have reason
to suspect a child to be at risk.( level of proof is lower here)
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 a child to be removed from
their home to a safe place, or prevent the removal of a child, for example, of a
child from hospital or from their grandparent's home. The Sheriff can attach conditions
to the Order to ensure the protection of the child for example no contact with a
named person, the child to undergo a medical examination etc.
A Child Protection Order lasts up to 8 days. Unless the Order is recalled, the child
will attend a full Children's Hearing on the 8 th day at which the Children's Panel
will then make any necessary arrangements to protect the child through other legal
processes.
During this time parents 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. If no application for recall is made the Order will proceed until
the full Hearing on the 8 th day.
Assessment Order
Under 55(1) of the Children( Scotland ) Act 1995 the local authority can apply for
a Child Assessment Order where they have reason to suspect that
a child has suffered or is likely to suffer significant harm and that an assessment
is necessary and that this assessment is being denied.
A Child Assessment Order allows for a child to be seen and where necessary allows
for an assessment of the child's health and development to be undertaken. A Child
Assessment Order lasts no more than 7 days, and the Sheriff can attach conditions
to the Order to ensure the safety and welfare of the child. For example the child
can be removed from the home while the assessment is being undertaken.
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 will grant
a Child Protection Order instead.
Exclusion Order
Only a local authority can apply for an Exclusion Order ( S76 (1) of the Children
(Scotland) Act 1995.
Where a Sheriff is satisfied that the conditions for making an Exclusion Order exist,
a named person can be excluded from the child's family home to ensure the child's
protection.
An Exclusion Order can last up to 6 months and the Sheriff can attach conditions
to the Order to ensure the child's protection. For example, powers of arrest without
warrant; no contact with the child; the named person must not go within the vicinity
of the child's home or school etc.
The named person has the right to appear in front of the Sheriff prior to an Exclusion
Order being granted to put forward their view and state their case.
Where a Sheriff believes grounds exist for the making of a Child Protection Order
the Sheriff may grant a Child Protection Order instead, and the child may be removed
from the home to a place of safety.
Emergency police powers
In an emergency situation, where a police constable has reasonable cause to believe
that the conditions for making a Child Protection Order are satisfied and it is
not practical in the circumstances to make such an application to the Sheriff, then
the constable may remove the child to a 'place of safety' (Section 61 (5).
The necessity to remove the child must be immediate otherwise a Child Protection
Order must be applied for.
The power to remove the child only lasts 24 hours thereafter the police ( or another
person ) need to apply to the Sheriff for a Child Protection Order to secure the
child's place of safety.