Children (Scotland) Act 1995

Valid from 01/04/1997

55 Child assessment orders. S

(1) A sheriff may grant an order under this section for an assessment of the state of a child’s health or development, or of the way in which he has been treated (to be known as a “child assessment order”), on the application of a local authority if he is satisfied that—

(a) the local authority have reasonable cause to suspect that the child in respect of whom the order is sought is being so treated (or neglected) that he is suffering, or is likely to suffer, significant harm;

(b) such assessment of the child is required in order to establish whether or not there is reasonable cause to believe that the child is so treated (or neglected); and

(c) such assessment is unlikely to be carried out, or be carried out satisfactorily, unless the order is granted.

(2) Where—

(a) an application has been made under subsection (1) above; and

(b) the sheriff considers that the conditions for making a child protection order under section 57 of this Act are satisfied,

he shall make such an order under that section as if the application had been duly made by the local authority under that section rather than this section.

(3) A child assessment order shall—

(a) specify the date on which the assessment is to begin;

(b) have effect for such period as is specified in the order, not exceeding seven days beginning with the date specified by virtue of paragraph (a) above;

(c) require any person in a position to produce the child to—

(i) produce him to any authorised person;

(ii) permit that person or any other authorised person to carry out an assessment in accordance with the order; and

(iii) comply with any other conditions of the order; and

(d) be carried out by an authorised person in accordance with the terms of the order.

(4) A child assessment order may—

(a) where necessary, permit the taking of the child concerned to any place for the purposes of the assessment; and

(b) authorise the child to be kept at that place, or any other place, for such period of time as may be specified in the order.

(5) Where a child assessment order makes provision under subsection (4) above, it shall contain such directions as the sheriff considers appropriate as to the contact which the child shall be allowed to have with any other person while the child is in any place to which he has been taken or in which he is being kept under a child assessment order.

(6) In this section “authorised person” means any officer of the local authority, and any person authorised by the local authority to perform the assessment, or perform any part of it.

Modifications etc. (not altering text)

C1 S. 55 restricted (30.12.2005) by 1978 c. 28, s. 53C(4)(b) (as inserted by 2002 c. 38, ss. 139(1), 148(5)(c), Sch. 3 para. 30) (with Sch. 4 paras. 6-8); S.S.I. 2005/643, art. 2(c)

C2 S. 55 restricted (28.9.2009) Adoption and Children (Scotland) Act 2007 (asp 4), ss. 79(4), 121(2); S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21)