Child protection orders

If it is believed that your child may be in immediate danger then an application may be made for a Child Protection Order. Under section 57 (1) of the Children (Scotland) Act 1995, anyone can apply for a Child Protection Order if they have reason to believe your child may be at risk of significant harm.

Under section 57 (2) of the Children (Scotland) Act 1995, the local authority can apply for a Child Protection Order if they have reason to suspect your child to be at risk. Social work usually applies for the Child Protection Order on behalf of the local authority.

Application is made to the sheriff. If an application is successful, the sheriff can order that your child be removed from their home to a safe place, or prevent the removal of your child, for example from a hospital or from their grandparent’s home etc.

The sheriff can attach conditions to the order to ensure the protection of your child for example a condition that they have no contact with a particular named person etc.

A Child Protection Order lasts up to eight days. If a Child Protection Order has been granted, you have the right to apply to the sheriff for the order to be recalled or varied. This can be done prior to the initial children’s hearing on the second day. The reporter to the children’s hearing can also recall this order during this time, if it is believed the order is no longer required. If no application for recall is made, the order will proceed to a full children’s hearing on the eighth day, at which point, if necessary, the children’s panel can make any necessary arrangements to protect your child through other legal measures.

If a Child Protection Order is sought for your child you should seek legal advice at the start of this process. Legal aid may be available.