Fife Multi-Agency Adult Protection Guidance - Home Page

6.4 Application for a warrant (in cases of urgency)An application for a warrant to authorise entry must be made to the sheriffwherever possible. There may be occasions when it is impracticable to makean application to the sheriff and a delay is likely to place the adult at risk ofharm or further harm; in these circumstances, an application seeking awarrant for entry can be made to a Justice of the Peace (JP). A Justice of thePeace list is available on FifeDirect.A warrant for entry by a JP expires 12 hours after being granted and onceused cannot be used again.6.5 Applications to court for protection ordersA protection order may be sought at any time in the adult protection process.Unless a protection order is being sought on an emergency basis, theapplication must be made in writing by a council solicitor, with accompanyingevidence provided by the council officer.Protection orders can only be applied for where there is cause to suspect thatthe adult is at risk of serious harm. What constitutes serious harm varies andis not defined in the Act.The granting of any protection order requires the consent of the adult. If theadult does not consent to the making of any protection order but there isevidence that the adult has been subject to undue pressure, it may beappropriate to make an application (see 6.7). Where the adult lacks thecapacity to consent, it is important to check whether there is a welfareguardian or attorney appointed who is authorised and is willing to consent onthe adult’s behalf. Where no guardian or attorney exists, a protection ordercan still be applied for, however, the sheriff will require evidence of incapacity.Advice from council solicitors should be sought.6.6 Undue pressureUndue pressure can be applied by any individual and in some circumstancesmay not be the person suspected of causing the adult harm. The Act providesexamples of undue pressure:• Harm being inflicted by a person in whom the adult has confidenceor trust and the adult at risk would give consent if they did not havethe confidence and trust in that person (Section 35(4) of the Act).• Undue pressure may also occur when the adult is afraid of, or isbeing threatened by someone.6.7 Protection orders: assessment orderAn assessment order allows the adult to be taken to a place where they canbe interviewed and/or examined by a specified health professional. Thesheriff, before granting an order, must be satisfied that:• The council has reasonable cause to suspect that an adult at risk isbeing or is likely to be seriously harmed38