Banning and removal orders

Banning order

A banning order bans the subject of the order from a specific place for up to six months. This order can only be granted where the adult at risk is likely to be seriously harmed and it is considered that banning the other person from a specified place will protect the adult at risk more than removing them from that place.

An order will usually be about where the adult lives.  Any application for an order must be accompanied by a plan clearly identifying a place and area from which the subject is to be banned.

Removal order

A removal order is primarily for protection and:

  • to assess the adult's situation and provide support and protection
  • not primarily for a council interview or a medical examination
  • permits the person named in the order to be moved from any place
  • requires the return to their own environment as soon as possible

 The order may only be used for very specific purposes, such as:

  • resolving issues between the adult and person suspected of harming
  • relieving carer stress

The removal must be for the purpose of preventing serious harm.

The removal order:

  • must be used within 72 hours
  • can last for up to seven days after the day the adult was moved
  • can be specified by the sheriff to expire in a shorter period
  • should be for as short a removal period as possible
  • should benefit the adult
  • should take account of the adult's wishes

Only a council can apply for a removal order.

 

Contact Information

Adult Protection Unit
Civic Centre North
John Dickie Street
Kilmarnock
East Ayrshire
KA1 1HW
Telephone: 01563 576728
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