Fife Multi-Agency Adult Protection Guidance - Home Page

6 Adult Protection Orders6.1 Protection ordersThe Adult Support and Protection (Scotland) Act 2007 allows council officersto apply to the court for a range of orders to complete their investigation or toprovide measures of protection to the adult.In summary the orders that can be sought are:• Warrant for entry• Assessment order• Removal order• Banning order (and temporary banning order)6.2 Warrant for entryIf, during an investigation a council officer is refused entry, is likely to berefused entry, or is unable to enter the premises for some other reason, theymay apply for a warrant.A warrant for entry authorises a council officer, accompanied by a policeconstable, to visit any place specified in the warrant. The warrant authorises apolice constable to open lock-fast premises and to do what is reasonablyrequired in order to assist the council officer undertaking the visit. If thecouncil officer requires the police constable to open the adult’s property byforce then the council has a duty to take reasonable steps to secure theproperty and belongings afterwards. Consideration should be given to theservices of a joiner if necessary.6.3 Application for a warrantAn application for a warrant will be made by a council solicitor. It is thereforegood practice for a representative from the legal team to be involved as earlyas possible as part of inter-agency referral discussions (IRD).The sheriff may grant a warrant for entry where they are satisfied that thecouncil officer has been refused entry or is likely to be refused entry and anyattempt to visit without a warrant would be of no use. The council officer will,in most cases, need to demonstrate the attempts they have made to enter thepremises to visit the adult thought to be at risk. The use of force should be alast resort and should only be considered when all other options have beenexhausted. A warrant granted by a sheriff expires after 72 hours and onceused cannot be used again.37