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

Footnotes

1. This practice guidance specifically relates to The Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022. It does not affect existing relevant legislation or guidance to be followed in a placing authority's own jurisdiction.

2. The only scenario in which the placing authority is not required to complete the Placement Notice and Undertaking Template before a child is placed in Scotland is if a DOL order is already recognised and enforceable in Scotland on the date the Regulations come into force (i.e. by virtue of a Court of Session interlocutor). The Regulations contain a transitional provision in regulation 4, which provides that such a DOL order will be treated as if it were a CSO until the earlier of the following occurs: the DOL order ceasing to have effect in the jurisdiction of the court which made it; the end of the period during which the DOL order is recognised and enforceable in Scotland by virtue of the Court of Session interlocutor; or regulation 5(1) applying in relation to the DOL order. Regulation 5(1) allows for the continued recognition of a DOL order previously recognised under regulation 4, as long as it is reviewed and continued in effect by the relevant court before it expires and regulation 7 (requiring the giving of a notification and undertaking) is complied with by the placing authority.

3. The only circumstance in which the notification and undertaking can be given after the child has already arrived in Scotland is outlined in footnote 2.

4. Including by way of extension.

5. Relating to a DOL order made, or continued, on or after the day the Regulations came into force (24 June 2022).

6. placement" is defined in regulation 2(1) of the Regulations.