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Emergency Care Orders For Children in Scotland
A Children Protection Order, sometimes known as a ‘CPO’, is one of the most common types of emergency care orders that can be sought. They are orders sought by the local authority social work department in the local sheriff courts. A CPO can be sought at any time. This includes day or night, weekend or weekday.Â
The main purpose of a Child Protection Order is to give the local authority and the social work department the requisite power and authority to remove a child from the care of their parents or guardians. These are the individuals who typically have parental rights and responsibilities in respect of a child.Â
A CPO will be applied where there is a belief that a child’s safety and well-being are at risk. The child will be removed from the care of a parent and taken to reside in a place of safety. Parents and guardians will often not be told where the child has been taken.Â
A Child Protection Order gives the local authority the power to remove children from the care of their parents and take them to reside in a place of safety. Often, you will not know where that place is, which can be distressing for children and young people in difficult situations. A Children’s Hearing will take place on the 2nd working day after the order is granted. The Children’s Hearing will consider if the child must remain in a place of safety. Â
The local authority’s social work department will make an application for a Child Protection Order at the local Sheriff Court. The application is made under the Children’s Hearings (Scotland) Act 2011. If the application is granted, then the Child Protection Order must be reviewed at a Children’s Hearing within two working days.
The parents or guardians have an opportunity to make an application seeking that the Child Protection Order be recalled. Where that application is refused and if the Child Protection Order is to remain in place, then it must be reviewed again within eight working days at a further Hearing.Â
At this hearing, the Children’s Hearing will provide ‘grounds of referral’ to the parents, as well as statements of fact outlining the factual circumstances believed to be causing the children harm. The Child Protection Order will expire at this hearing, and an interim Compulsory Supervision Order will be issued in its stead, awaiting a court hearing to assess if the facts stated are factual.
A compulsory supervision order is a legally binding order that protects children and young people in need of care. A social worker will become involved in supervising the child or young person. This will either happen while the child or young person remains at home, or on exceptional occasions, they will be required to live with a foster carer or another family member.Â
The panel will decide how long the Order must remain in place. While there is no set time limit, there is a requirement to have Review Hearings at least once per year from the date that the Order is made. A child or parent/carer can ask for a Review Hearing earlier if they consider that circumstances have changed.Â
At the Review Hearing, if the panel considers that there is no longer a requirement for the Order, then they can terminate it. Nonetheless, the Order will come to an end when a child reaches the age of 18.Â
Taking a child from their home and forcibly removing them from their parents without consent is an interference with one’s rights. It can cause significant harm to a child and their parents, the trauma of which can take years to remedy. If such a situation can be avoided, then it ought to be. The Glasgow Law Practice are experts in this field and can provide advice and guidance about how to proceed when faced with a Child Protection Order.Â
The Glasgow Law Practice has a dedicated team of family lawyers who are experts in the field of Child Protection law, ensuring the best outcomes for children and young people, and their families. It is some of the most important legal work that our Firm undertakes, particularly in the area of child law and the protection of vulnerable children and young people. You can be assured that our team of child law solicitors can represent you at all stages of the process to protect your rights.Â
Your compassionate and reliable family law solicitors in Glasgow. Our dedicated team of family law experts is committed to providing you with exceptional legal representation and support during challenging times. We understand that family matters can be emotionally charged and complex, and we are here to guide you through every step of the legal process with sensitivity and expertise.
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63 Carlton Place , Glasgow,
G5 9TW
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1 Kilmartin Pl, Glasgow, G71 5PH
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