What has happened? What you have to do.
What does the Order say? What happens now?
What happens after the assessment is finished?
What has happened?
Highland Council's Social Work Service has received and/or has gathered information that leads it to suspect that your child is being treated in a way that means he or she is suffering, or is likely to suffer significant harm.
"Significant harm" is a phrase that is used in law. It means harm that is serious and not minor or short-lived. It can refer to physical or emotional harm.
The Social Work Service believes that an assessment of your child is necessary to find out if there is any good reason to believe that your child is being treated in this way. In addition, the Social Work Service believes that a proper assessment cannot be carried out unless it has a Child Assessment Order from a Sheriff.
The Social Work Service has applied to the Sheriff for a Child Assessment Order and the Sheriff has granted this.
What you have to do.
- allow the Social Worker, or anybody else who is going to be involved in the assessment, to have contact with your child. You are not allowed to prevent your child from having contact with the people carrying out the assessment.
- allow the Social Worker, or anyone else involved, to carry out the assessment in accordance with the Order. If the Order says that your child must visit a doctor in a hospital then you must allow that to happen.
- comply with any other conditions that the Sheriff has put in the Order. The Sheriff may have said that your child has to stay away from home during the assessment and will have given instructions about your child's contact with you. If this is the case then you must not break those conditions.
What does the Order say?
A Child Assessment Order contains certain instructions that the Sheriff has given. The Sheriff has put in the date for the assessment to start. A Child Assessment Order can only last for a maximum of 7 days. If the Sheriff said that the Order should last for less than 7 days then this is written on the Order.
If the Sheriff decided that your child has to be taken to any place so that the assessment could be done properly, that that is written on the Order. It may be that the Sheriff has decided that your child should be seen by your family doctor or a doctor at the hospital. Alternatively, it could be that your child should be taken to a Social Work building such as a Child and Family Centre.
The Sheriff may have decided that your child should stay somewhere else during some or all of the assessment. This decision will only have been made if the Sheriff believed that the assessment could not be carried out if your child stayed at home. If your child is to stay away from home during the assessment then the Sheriff will have decided whether to issue instructions about your child's contact with you or anybody else.
What happens now?
It is Highland Council Social Work Service that has been granted the Child Assessment Order. This does not mean that only Social Work staff can carry out the assessment. other people and services such as doctors, health visitors, psychologists, teachers, etc have to help the Social Work Service asks for their help.
These people must carry out the assessment according to the instructions given by the Sheriff when the Order was made. The Social Work Service cannot change any of the Sheriff's instructions. The Sheriff's instructions have to be followed by everyone involved in the assessment, and this includes you and your child.
The Social Worker has now given you a copy of the Order. The next task is for you, your child (if he/she is old enough to be involved in the discussion), the Social Worker and anyone else involved at this stage to discuss how the assessment is going to be carried out. You may find it difficult to agree with what is being planned. That is not surprising and no-one will think any less of you for feeling like that. What is important though, is that everyone involved is able to put the best interests of the child first and to co-operate in getting the assessment done.
What happens after the assessment is finished?
The reason for the assessment is because the Social Work Service is concerned that your child might be being treated in a way that is causing, or could cause, significant harm. The purpose of this assessment is to find out whether that is happening or not.
At the end of the assessment there are several different things that could happen:
- The people involved in the assessment believe very strongly that your child is being treated in such a way that he or she is suffering, or is likely to suffer, significant harm unless something is done immediately to protect him/her. This means that the Social Work Service will apply to a Sheriff for a Legal Order that will provide the protection required. This could be a Child Protection Order or an Exclusion Order. If a Sheriff is not available then a Justice of the Peace could be asked to authorise emergency protection measures. If the people involved in the assessment believe that this action is required, then the Social Worker will give you information about these other types of Order.
- The people involved in the assessment believe that there are concerns about the health or development of your child, or about the way that he/she is being looked after. These concerns are important enough to mean that the Social Work Service feel that your child may be in need of compulsory measures of supervision. A referral will be made to the Children's Reporter. This could lead to a Children's Hearing being arranged. This process can take a few weeks. In the meantime the Social Worker will offer to work with your family on a voluntary basis. In other words, with your agreement. You can accept or refuse this offer.
- The view of those doing the assessment is that there are some things about the health or development, or to do with how your child is looked after, that we would wish to offer support with. The belief is that these do not, at this stage, mean that your child is in need of compulsory measures of supervision. So no referral to the Reporter will be made. However, you will be offered Social Work support. You can accept of refuse this.
- The people doing the assessment believe that you child is not being treated in a way that is causing, or could cause, significant harm. The Social Work Service does not believe it needs to be involved with your family and you don't think that your family needs Social Work support. In this case, the Social Work contact will end at the end of the assessment.
If you have any questions about the Child Assessment Order that the Social Worker has not been able to answer to your satisfaction or you wish to get independent advice, please contact a Solicitor immediately.
This information has been produced by the Highland Council's Social Work Services.
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