Protection Orders can only be applied for where there is evidence of serious Harm to the adult; where the adult has capacity for decision making a protection order cannot be granted by the Sheriff without the adult’s consent unless it is proved that the adult has been subject to undue pressure to refuse consent. There are 3 types of Order that can be applied for to the Sheriff Court which are:
This authorises the Council, if necessary to take the adult from a place being visited under the Order to allow:
- An interview to be conducted in private; and/or
- A private medical examination by a medical professional
The Order is primarily to facilitate an interview or further assessment and does not contain powers of detention. It can be enacted for up to seven days after the date specified in the Order. The adult can refuse to be interviewed, examined, or accompany the Council Officer despite the Order.
This allows a Sheriff or Justice of the Peace (in an emergency situation) to authorise the removal of the adult to another place primarily for the purpose of protection.
The Order must be effected within 72 hours of being granted and can then last for a maximum of seven days although it does not contain a power of detention and the adult can refuse to remain within the place that they have been taken to.
Banning Order/Temporary Banning Order
These Orders ban the person or persons likely to cause harm from being in a specified place. An application for a Banning Order can be made by any person including the adult at risk. A banned person can be an adult or a child. Where consideration is being given to applying for an Order which bans a child, this should include prior consideration of making a referral to the Children’s Reporter where it is believed there would be an effective case to answer. If the circumstances are such that there is a need to act urgently, then a referral to the Children’s Reporter should be made at the same time as the application for an Order.
Conditions can be placed on Banning Orders by the Sheriff, including the length of the Order (up to six months), conditions of/to contact, or attaching a power of arrest. These can be appealed against by the person being banned.
It should be noted that in situations where adults perpetrating harm are subject to statutory criminal justice disposals this supersedes the Adult Support and Protection Act in terms of protection orders which should not be used.