The Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 (‘the Regulations’) relate to the practice of local authorities elsewhere in the UK placing children into Scottish residential care under a Deprivation of Liberty (“DOL”) order.
The Regulations, updated October 2024, replaced the practice of placing authorities petitioning the Court of Session in Scotland for recognition of a DOL order through the use of the court’s nobile officium/parens patriae jurisdiction(s). They provide for DOL orders to be treated in Scotland as if they were Compulsory Supervision Orders (CSOs) – for specified purposes and subject to certain conditions. These conditions must be fulfilled by authorities from England/Wales/Northern Ireland who wish to place a child in Scotland to ensure Scots law recognition of the order and a lawful basis for the deprivation of the child’s liberty under article 5 of the European Convention on Human Rights (ECHR).
Full guidance can be found here: 1. Background - Cross-Border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022: practice guidance, notice and undertaking template - gov.scot
The placing authority is required to give in writing an undertaking which recognises its role and duties in respect of the child being placed in Scotland under a DOL order. The undertaking remains in place for the duration of the placement of the child who is subject to the DOL order.
The completed Notice of Undertaking Template must be provided to all the persons set out in regulation 8 of the Regulations in advance of the child being placed in Scotland. The placing authority must also inform the specified people and agencies in Scotland where an extension of a DOL order is sought or a DOL order is terminated.
Contact information:
The Regulations require a number of individuals and organisations in Scotland to be contacted by the placing authority. Please see Section 6.3 of the guidance for all contact details (updated October 2024).
