CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 218 Restrictions on making assessment orders

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 218

(1)     The court may only make an assessment order if satisfied that the chief executive reasonably believes or reasonably suspects that the child or young person in relation to whom the order is proposed to be made is in need of care and protection or would be in need if the order were not made.

(2)     If the chief executive applies for an assessment order because a child or young person has refused to consent to an appraisal or assessment, the court must—

        (a)     take such steps as it considers appropriate to—

              (i)     judge the capacity of the child or young person to give consent; and

              (ii)     identify the reasons for his or her refusal to consent; and

        (b)     have regard to such capacity and reasons in making an assessment order.