Rule 3.26
Section 55 of the Children (Scotland) Act 1995
Case No
Date lodged
for a Child Assessment Order under section 55 of the Children (Scotland) Act 1995
Part 1. DETAILS OF APPLICANT AND OTHER PERSONS WHO THE APPLICANT BELIEVES SHOULD RECEIVE NOTICE OF THE APPLICATION
| APPLICANT | [insert name, address, telephone DX and fax numbers of local authority] |
| CHILD | [insert name, address, gender and date of birth]* |
| RELEVANT PERSON(S) | [insert name, address and the basis for the person being a relevant person within the meaning of section 93(2)(b) of the Act] |
| SAFEGUARDER | [insert name, address, telephone, DX and fax numbers (if known) of any safeguarder appointed by a children’s hearing or court in respect of the child] |
| THE PRINCIPAL REPORTER | [insert name, address, telephone, DX and fax numbers] |
| ANY OTHER PERSON WHO SHOULD RECEIVE NOTICE OF THE APPLICATION | For example, any person who is caring for the child at the time of the application being made:insert name, address and telephone number of person and provide details of their interest in the application and/or child |
| [The court may seek views from applicants in relation to other persons on whom service should be made.] |
*Note: Information to be provided in Part 3 where applicant does not wish to disclose the address or whereabouts of the child or any other person to persons receiving notice of the application.
PART 2. INFORMATION ABOUT THE APPLICATION AND ORDERS SOUGHT
GROUNDS FOR MAKING APPLICATION
[applicant to provide details of grounds for making the application: including reasons why a Child Protection Order is not being sought.]
*OTHER APPLICATIONS AND ORDERS WHICH AFFECT THE CHILD
[insert details of any other applications or orders made which affect or are relevant to the child who is the subject of this application]
REPORTS/DOCUMENTARY EVIDENCE ETC.
The following reports/documentary evidence is attached/will be produced*—
[list any reports, statements or affidavits which are or will be produced at any subsequent hearing of the application]
*delete as appropriate
PART 3. DETAILS OF THE ASSESSMENT AND ORDERS SOUGHT
ASSESSMENT
[in terms of section 55(3) insert the following details of the assessment sought]
a.The type of assessment is[provide details of the type of assessment that is sought including information on health, development and/or the way the child has been treated.]
b.The assessment would begin on[insert date]
c.The assessment will have effect for[insert number of days] from that date.
d.The person(s) to be authorised to carry out any assessment is/are[insert name(s), designation and address]
e.[Insert name and address] would be required to produce the child to the authorised person and permit that person or any other authorised person to carry out an assessment in accordance with the order.
OTHER ORDERS
[in terms of section 55(4) or (5) provide the following information about any other order sought]
*a.In terms of section 55 (4) an order is sought to permit the child to be taken to
*delete as appropriate
[insert details of the place] for the purpose of the assessment, and to authorise the child to be kept there for[insert number of days] days.
*b.In terms of section 55(5) the sheriff is requested to make the following directions as to contact with the child by[insert name and address of person and his or her relationship with child] while the child is in the aforementioned place
[insert details of any directions sought as to contact with the child]
[Insert details and grounds for any order sought in relation
(a)to non-disclosure of address or whereabouts of child; or
(b)service of restricted documents on child.]
PART 4. DETAILS OF FIRST ORDER SOUGHT FROM THE SHERIFF
The applicant requests the sheriff to:
a.Fix a hearing.
*b.Order service on the child, together with a notice in form 26* or order service of the following documents only[insert details of documents to be served on child, e.g. notice in form 26 only]
*c.Order service of a copy of the application and the first order on the persons listed in Part I of this application, together with a notice in form 34.
*d.Order that the address of[insert name] should not be disclosed in the application.
*e.Dispense with service on the child or any other person for the following reasons[insert details].
*delete as appropriate
SIGNED.................... DATE....................
[name, designation and address telephone, DX and fax numbers]