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© 2010 Angus Child Protection Committee

Child Protection in Angus

Emergency Protection Orders

What has happened?

Angus Council Social Work and Health have a legal duty to look into situations when people who are concerned about a child's wellbeing contact them. Sometimes the staff who look into the situation think that the child is suffering, or will suffer, significant harm unless action is taken to protect the child. This action is called an 'emergency protection measure'.

Types of emergency protection measures

There are 3 types of emergency protection orders.

1. A sheriff has made a child protection order (CPO), usually after being asked to do so. The sheriff may attach directions to the CPO. There may be a direction allowing to see the child while the CPO is in force. However, if the sheriff does not think it would be in the child's best interests to see the parent or carer, there may be a direction preventing the parent or carer from seeing the child while the CPO is in force.
2. A justice of the peace has been contacted. He or she has agreed to emergency protection measures because the sheriff was not available to consider an application for a CPO. This type of emergency protection measure only lasts for 24 hours. If it is thought that the child still needs emergency protection at the end of the 24 hours, an application must be made to the sheriff for a CPO.
3. A police officer has decided that the child was suffering, or will suffer, significant harm. It was not possible for them to contact a sheriff to apply for a CPO. As a result, the police officer took immediate action to protect the child, by removing them to a place of safety. Again, this type of emergency protection measure only lasts for 24 hours. If it is thought that the child still needs emergency protection at the end of the 24 hours, an application must be made to the sheriff for a CPO.

Parents or carers are entitled to contact a solicitor for legal advice. Legal aid may be available.

What happens if a sheriff grants a child protection order?

The CPO must be put into practice within 24 hours of the sheriff granting it. If this doesn't happen, the CPO ends and the child will be returned as soon as possible. The date the CPO is put into practice is very important as the procedure, once the CPO has been granted, has a very strict timescale. The CPO will last for no more than eight working days after the date it is put into practice. This means that if it is put into practice on a Monday, the second 'working day' children's hearing would be held on Wednesday and the eighth 'working day' hearing on the following Thursday. (Saturdays, Sundays, 25 and 26 of December and 1 and 2 January are not 'working days.)'

1. The Reporter to the Children's Hearing must be told that the sheriff has granted a CPO for the child. 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 Reporter will decide when a child should be brought to a children's hearing. At any time during the two working days after the CPO is put into practice, the reporter can decide that the conditions for making the order no longer exist. The Reporter will tell the person who put the order into practice and the order will end. The reporter might make this decision if there is a clear change in the family's circumstances, or if they have received new information about the child and his or her situation. If a child has been removed from the parent or carer under the CPO, he or she will be returned as soon as possible.
2. If the Reporter does not use their power to end the CPO, a Children's Hearing will be held on the second working day after the order was put into practice. The hearing will decide whether or not the CPO should continue. The hearing can decide it should not (in which case the order ends) or it can decide that the order should continue. If it continues the order, the hearing can then decide whether any of the sheriff's directions given when granting the order should be kept, cancelled or changed.

If the CPO is continued at the second 'working day' hearing, a further hearing will be fixed for the eighth working day after the order was put into practice. The eighth 'working day' hearing is to present the 'grounds of referral'. These are the reasons why the Reporter is concerned about the child's safety and wellbeing. The hearing will ask the child and family whether they accept and agree with the grounds of referral. A social worker will be present at the hearing to speak about a report they have prepared for the hearing. The social worker will have made a recommendation in the report about what decision should be made. The CPO will come to an end at the eighth 'working day' hearing. If the hearing thinks the child still needs protective measures, a 'place of safety' warrant may be issued. This warrant (which allows a child to be placed away from home) lasts for up to 22 calendar days and can be renewed by the hearing if necessary.

Children's hearings

There are rules about how children's hearings are organised and take place. These cover, for example:

• who can or cannot be at a hearing;
• who has to be there;
• what information parents or carers need to get before the hearing; and
• what parents or carers have to be told once they are there.

A solicitor, the Reporter or a Social Worker can give more information about hearings.

Can a CPO be cancelled or changed?

A parent or carer can apply to a sheriff to cancel or change the CPO. A solicitor will be able to advise on how to do this. There are two chances to apply to a sheriff to have the CPO cancelled or changed.

1. Before the second 'working day' children's hearing is held.
2. No more than two working days after the second 'working day' children's hearing has been held which decided to continue the CPO to an eighth 'working day' hearing.

If an application is made to the sheriff asking for a cancellation or change to the CPO, the Reporter to the Children's Hearing must be told. The Reporter is based at Merrin House, East Abbey Street, (phone: 01241 873194). This is to allow the children's hearing to provide advice to the sheriff to help them deal with the application.

What now?

If the CPO has resulted in the child having to live away from home at this time, social workers will aim to help parents or carers reach the point where the child can return home safely. Social Workers want to work with the family to sort out the problems which led to the CPO being granted. They want to try to make sure that the best is being done for the child's safety, development and wellbeing. This might not be easy and there may not always be agreement about what the problems are. However, unless these issues are discussed, the problems will not go away.

The CPO does not remove parental responsibilities or rights. If parents or carers have any questions about the CPO that have not been answered to their satisfaction, they should contact a solicitor immediately.

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

Download Emergency Protection Orders leaflet (50 KB PDF)

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