Children's Hearings (Scotland) Act 2011

Child assessment orders S

35 Child assessment orders S

(1) A local authority may apply to the sheriff for a child assessment order in respect of a child.

(2) A child assessment order is an order authorising an officer of a local authority or a person authorised by that officer to carry out (subject to section 186) an assessment of—

(a) the child's health or development, or

(b) the way in which the child has been or is being treated or neglected.

(3) An order may—

(a) require any person in a position to do so to produce the child to the officer,

(b) for the purpose of carrying out the assessment, authorise the taking of the child to any place and the keeping of the child at that place or any other place for a period specified in the order,

(c) where it contains an authorisation of the type mentioned in paragraph (b), include directions about contact between the child and any other person.

(4) A child assessment order must specify the period during which it has effect.

(5) That period must—

(a) begin no later than [F1 24 hours] [F1 48 hours] after the order is granted, and

(b) not exceed [F2 3 days] [F2 5 days].

Textual Amendments

F1 Words in s. 35(5)(a) substituted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 3 para. 2(2)(a) (with ss. 11-13) (which affecting provision expires (30.3.2021) by virtue of S.S.I. 2021/93, reg. 2(a))

F2 Words in s. 35(5)(b) substituted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 3 para. 2(2)(b) (with ss. 11-13) (which affecting provision expires (30.3.2021) by virtue of S.S.I. 2021/93, reg. 2(a))

Commencement Information

I1 S. 35 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

36 Consideration by sheriff S

(1) This section applies where an application for a child assessment order in respect of a child is made by a local authority.

(2) The sheriff may make the order if the sheriff is satisfied that—

(a) the local authority has reasonable cause to suspect—

(i) that the child has been or is being treated in such a way that the child is suffering or is likely to suffer significant harm, or

(ii) that the child has been or is being neglected and as a result of the neglect the child is suffering or is likely to suffer significant harm,

(b) an assessment of the kind mentioned in section 35(2) is necessary in order to establish whether there is reasonable cause to believe that the child has been or is being so treated or neglected, and

(c) it is unlikely that the assessment could be carried out, or carried out satisfactorily, unless the order was made.

(3) The sheriff may, instead of making a child assessment order, make a child protection order if the sheriff considers the conditions in section 38(2) are satisfied.

Commencement Information

I2 S. 36 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3