The Act allows a council to apply to a sheriff for a protection order, either:
- an assessment order
- a removal order, or
- a banning or temporary banning order
The sheriff may grant an order only if satisfied that certain criteria are met.
- An assessment order allows for an adult at risk of serious harm to be taken to a more suitable place in order to conduct an interview and/or a medical examination in private.
- A removal order permits an adult who is likely to be seriously harmed if not moved to another place to be moved to a suitable place for up to 7 days.
- A banning order, or temporary banning order, bans the subject of the order from being in a specified place for up to 6 months and may also include other conditions.
Protection orders should not be granted without the consent of the adult.
However, the sheriff may ignore a refusal to consent where it's believed the adult has been unduly pressurised to refuse consent, and there are no other steps which could reasonably be taken with the adult's consent to protect the adult from harm.
Decisions about protection orders must reflect the principles of the Act.
The information was last updated on: 8th August 2017