Child protection order
A Child Protection Order can be made if it is believed that a child may be in immediate danger. Under S57(1) of the Children (Scotland) Act 1995 anyone can apply to the Sheriff for a Child Protection Order if they have reason to believe a child may be 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. (The level of proof is lower here).
Social Work usually applies for the Child Protection Order on behalf of the local authority.
If an application is successful, the Sheriff can order a child to be removed from their home to a safe place. The Sheriff can also prevent the removal of a child for example from hospital or from their grandparent's home. The Sheriff can attach conditions to the Order to make sure the child is protected by, for example, stopping contact with a named person, or that the child should undergo a medical examination.
Parents, children and other relevant people have a right to apply to the Sheriff for the order to be recalled or varied. This should be done before an Initial Children's Hearing on the 2nd day. If no application for recall is made the Order will proceed until the full Hearing on the 8th day.
A Child Protection Order lasts up to eight days. Unless the Order is recalled, the child will attend a full Children's Hearing on the 8th day at which the Children's Panel will then make any necessary arrangements to protect the child through other legal processes.