12.07.2015 Views

Fife Multi-Agency Adult Protection Guidance - Home Page

Fife Multi-Agency Adult Protection Guidance - Home Page

Fife Multi-Agency Adult Protection Guidance - Home Page

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

• An assessment order is required to establish whether the adult isbeing seriously harmed or likely to be seriously harmed and• There is a suitable and available place where the adult is to beinterviewed and examined.The purpose of the assessment is to allow the council officer to establish thatthe adult is an adult at risk of harm who requires measures to be put in placeto prevent them from that harm. When an assessment order is granted thesheriff also grants a warrant for entry. The visit to implement the assessmentorder will be carried out with the police. A police constable in attendance canuse reasonable force to gain entry to the premises.An assessment order expires after 7 days.The adult can be taken to the place specified in the order but cannot bedetained. The council should re-consider the suitability of an application for anassessment order if the adult refuses consent to the order or compliance withany interview or medical examination.6.8 <strong>Protection</strong> orders: removal orderOnly the council can apply for a removal order. Before granting a removalorder the sheriff must be satisfied that:• The adult at risk is likely to be seriously harmed if not moved toanother place• That there is an available suitable place where the adult at risk canbe moved to.The application for a removal order should also include any voluntaryapproaches which have been made to protect the adult and all other optionsexplored and exhausted including consideration of other legislation.A removal order allows the council officer to remove the adult to a specifiedplace within 72 hours of the order being granted and for the council to takesuch reasonable steps as it thinks fit to protect the person from harm. When aremoval order is granted the sheriff also grants a warrant for entry. A policeconstable in attendance can use reasonable force to fulfil the object of theorder.The order expires 7 days after the adult at risk is moved or after any shorterperiod that the sheriff may decide when granting the order. The council has aduty to take reasonable steps to ensure that the property of the adult, who issubject to the removal order, is not lost or damaged.In urgent cases an application for a removal order can be made to a justice ofthe peace.Before granting a removal order the justice of the peace must be satisfiedthat:39

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!