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© 2010 Angus Child Protection Committee

Child Protection in Angus

What is a child assessment order?

Should Angus Council Social Work and Health be concerned that a child may be suffering, or is likely to suffer, significant harm they can apply for an assessment order.

'Significant harm' is a term used in law. It means harm that is serious, not minor or short lived. The harm can be physical, developmental or emotional.

If it is thought that there is a need to assess a child's situation to find out if the child is suffering significant harm an assessment order can be sought. A proper assessment cannot be carried out unless a child assessment order has been granted by a sheriff.

What does the order say?

The child assessment order lists a number of instructions that the sheriff thinks are necessary. It also lists:

• the date the assessment will begin;
• the date the assessment must finish (the assessment must be completed within seven days);
• a requirement that the child is taken to the assessment;
• where the assessment will be carried out (for example, a doctor's surgery, a hospital or a counselling centre); and
• who will carry out the assessment. It may not only be Social Work staff who carry out the assessment. Other people such as doctors, health visitors, psychologists and teachers will help when needed.

Depending on the type of assessment needed, the child may have to live away from home for the period of the assessment. If this is the case, the sheriff will authorise social workers to:

• take the child to the place where the assessment will be carried out; and
• keep the child there for the period of the assessment.

The sheriff will also decide whether the parents or carers should be allowed to see the child during the period of the assessment.

What happens next?

The parent or carer will be given a copy of the order. Following this, Social Work, the child and their family and anyone else involved in this stage of the assessment will decide together how the assessment will be carried out.

Parents or carers may find it difficult to agree with what is being planned. This is not surprising. Nobody will think any less of them for feeling like this. What is important is that they and everyone else involved put the best interests of the child first and co-operate by working together to get the assessment carried out.

What should parents and carers do?

Everyone involved in carrying out the assessment must follow the sheriff's instructions. This includes parents and carers and the child. If the sheriff's instructions are not followed, the sheriff could punish parents or carers.

What happens after the assessment is finished?

A child assessment order is necessary because there are concerns that the child is being treated in such a way that he or she is suffering, or is likely to suffer, significant harm. The assessment aims to find out whether or not this is true.

At the end of the assessment several things could happen.

• The people involved in the assessment believe the child is not being treated in such a way that he or she is suffering, or is likely to suffer, significant harm. As a result, there is no need for ongoing involvement and contact will end after the assessment has been discussed.
• The people involved in the assessment believe there are some things about the health, development or safety of the child that mean the child and family should be offered support. Compulsory measures of supervision may not be necessary so the child will not be refered to the Reporter to the Children's Hearing. The reporter is an official of the Scottish Children's Reporter Administration who decides whether or not a child should be referred to a legal tribunal to decide if legal steps are needed to help a child. These tribunals are called children's hearings.
• The people involved in the assessment believe there are significant concerns about the health, development or safety of the child. It is thought that the child may need compulsory measures of supervision. The child will be refered to the reporter to the children's hearing. This means the reporter will be given the information gathered during the assessment.

The reporter will look at this information and decide whether a children's hearing should be arranged to discuss it. This can take a few weeks. In the meantime, help will be offered to the child and family. This does not have to be accepted.

Important information

Any questions about the child assessment order that the social worker has not been able to answer, or if independent advice is required, please contact a solicitor immediately.

This information is for guidance only. It is not a full guide to the law. For legal advice, please consult a solicitor.

Download Child Assessment Order leaflet (50 KB PDF)

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