Fife Multi-Agency Adult Protection Guidance - Home Page

• 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• It is not practicable to apply to the sheriff, and• The adult is likely to be seriously harmed if there is a delay ingranting the order.A removal order granted by a justice of the peace allows the adult at risk to bemoved within 12 hours of the order being granted. The order will only haveeffect for a period of 24 hours.The council should re-consider the suitability of a removal order if it considersthat the adult will refuse consent to the removal order or that they are unlikelyto remain in the place to which they are being moved.6.9 Protection orders: banning order/temporary banning orderCouncil officers and other interested parties, including the adult at risk canapply for a banning order.Applications can be made:• by or on behalf of the adult whose wellbeing and property would bebetter safeguarded by the order, or• by any other person who is entitled to occupy the place concerned or• by the council if there is no one else to make the application and thegrounds are met.A banning order or a temporary banning order can be considered where theadult is at risk of serious harm and it would be better for the adult to remainwhere they are and for the subject of the order to be banned from a specifiedarea or place.Before granting a banning order the sheriff must be satisfied that:• the adult at risk is being, or is likely to be, seriously harmed byanother person• the adult’s wellbeing or property would be better safeguarded bybanning the other person from the place occupied by the adult than itwould be by moving the adult from that place• the adult at risk is entitled or permitted to occupy the place thesubject is being banned from (or neither the adult nor the subject isentitled to occupy the place from which the subject is to be banned).If the adult does not have a right to occupy the property then thesubject cannot be banned.40