Cross-Border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022: practice guidance, notice and undertaking template

Annex A

The Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022

Placement Notice and Undertaking Template

This written notice and undertaking is to be given to the following persons to comply with the Cross Border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 ("the Regulations"):

• a. the Health Board which provides health services in the area in which the child is to be placed
• b. the Commissioner for Children and Young People in Scotland
• c. the person in charge of the residential care setting in which the child is to be placed
• d. the Chief Social Work Officer of the receiving local authority
• e. any person acting for the time being as the director of education of the receiving local authority
• f. the Scottish Ministers
• g. the Principal Reporter
• h. Social Care and Social Work Improvement Scotland (otherwise known as "the Care Inspectorate").

This document should be completed and given in line with the guidance.

The Placing Local Authority (England and Wales) or Health and Social Care trust (Northern Ireland) giving this notice and undertaking:

Name and title of authorised representative:

Address:

Email:

Tel:

Part 1 – Notice

This notice is given in accordance with regulations 7 - 9 of the Regulations.

The following information is provided in respect of the child being placed in Scotland: the name of the placing local authority:

……………………………………………….

the gender of the child who is the subject of the deprivation of liberty order:

……………………………………………….

the age of the child who is the subject of the deprivation of liberty order:

……………………………………………....

the name of the residential care setting in which the child is to be placed:

……………………………………………….

the time that the deprivation of liberty order comes into effect:

……………………………………………….

the time that the deprivation of liberty order expires (if it is not subsequently extended):

………………………………………………..

Part 2 - Undertaking

In accordance with regulations 7, 8 and 10 of the Regulations, [name of placing local authority/ Health and Social Care trust] hereby gives the following undertaking: for the duration of the placement^[6] of the child who is the subject of the deprivation of liberty order detailed in the notice in Part 1 of this document:

[Name of placing local authority/ Health and Social Care trust] will:

provide or secure the provision of all services required to support the child, and meet all of the costs arising from, or in consequence of, the child's placement, other than the costs of advocacy provided to the child in accordance with regulation 11 of the Regulations.

[Name of placing local authority/ Health and Social Care trust] recognises that any breach of its duties under section 144 or 145 of the Children's Hearings (Scotland) Act 2011 ("the Act", as applied and modified by regulation 13(4) and (5) and as read with regulation 3 of the Regulations), including any breach of the foregoing undertaking, may result in enforcement action under sections 146 to 148 of the Act (as applied and modified by regulation 13(6) and as read with regulation 3 of the Regulations.)

Signed by: ……………………………………....................................

on behalf of: …………………………………....................................

(Placing Local Authority/ Health and Social Care trust) Date: …………………………………………….