Clackmannanshire Council Online

Child Assessment Orders

Child Assessment Orders

Under Section 35 (1) of the Children's Hearing (Scotland) Act 2011, the Local Authority can apply for a Child Assessment Order.

A Child Assessment Order allows for a child to be seen and allows for an assessment of

• a child's health and development to be undertaken or
• the way in which the child has been treated or is being treated or neglected.

A Child Assessment Order must specify the period during which it has effect and this period should be no later than 24 hours after the order was granted and last no more than 3 days.

Conditions

The Sheriff can attach conditions to the Order to ensure the safety and welfare of the child and to make sure the Order is carried out. For example, the Sheriff may attach a condition that a child lives at a particular place whilst the assessment is being carried out.

Child Protection Order

On application to the Sheriff for a Child Assessment Order, if the Sheriff believes that the conditions for making a Child Protection Order exist, he/she will issue a Child Protection Order instead.

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

Under the Age of Legal Capacity (Scotland) Act 1991, depending on their age and understanding, a child has the right to agree or refuse to have a medical examination, assessment or treatment and their consent will be sought before any medical assessment will be carried out.