Child assessment orders

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Where the Department applies to the court for an order to be made under this section with respect to a child, the court may only make the order if, it is satisfied that —

the Department has reasonable cause to suspect that the child is suffering, or is likely to suffer, significant harm;

an assessment of the state of the child's health or development, or of the way in which he has been treated, is required to enable the Department to determine whether or not the child is suffering, or is likely to suffer, significant harm; and

it is unlikely that such an assessment will be made, or be satisfactory, in the absence of an order under this section.

In this Law "a child assessment order" means an order under this section.

A court may treat an application under this section as an application for an emergency protection order.

A court shall not make a child assessment order if it is satisfied —

that there are grounds for making an emergency protection order with respect to the child; and

that it ought to make such an order rather than a child assessment order.

A child assessment order shall —

specify the date by which the assessment is to begin; and

have effect for such period, not exceeding seven days beginning with that date, as may be specified in the order.

Where a child assessment order is in force with respect to a child it shall be the duty of any person who is in a position to produce the child —

to produce him to such person as may be named in the order; and

to comply with such directions relating to the assessment of the child as the court thinks fit to specify in the order.

A child assessment order authorises any person carrying out the assessment, or any part of the assessment, to do so in accordance with the terms of the order.

Regardless of subsection (7), if the child is of sufficient understanding and capacity to make an informed decision he may refuse to submit to a medical or psychiatric examination or other assessment.

A child may only be kept away from home —

in accordance with directions specified in the order;

if it is necessary for the purposes of the assessment; and

for such period or periods as may be specified in the order.

Where the child is to be kept away from home, the order shall contain such directions as the court thinks fit with regard to the contact that he must be allowed to have with other persons while away from home.

Where the Department applies for a child assessment order it shall take such steps as are reasonably practicable to ensure that notice of the application is given to —

the child's parents;

any person who is not a parent of the child but who has parental responsibility for him;

any other person caring for the child;

any person in whose favour a contact order is in force with respect to the child;

any person who is allowed to have contact with the child by virtue of an order under section 36; and

the child,

Rules of court may make provision as to the circumstances in which —

any of the persons mentioned in subsection (11); or

such other person as may be specified in the rules,

Defined Terms

a child assessment order

Cross References

Section 36 of Children Act
Order providing contact with child

Children Act

11 Parts