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

5. Granting of a DOL order and recognition in Scots law

A DOL order granted by the High Court in England or Wales or the High Court of Justice in Northern Ireland in relation to a placement in Scotland will have effect as if it were a Compulsory Supervision Order, subject to the relevant conditions in the Regulations being met.

In particular, for a new or continued DOL order to be recognised as if it were a CSO, a notice and undertaking must be given in writing by the placing local authority to specified persons in Scotland (see regulations 7-10).

The Placement Notice and Undertaking^[2] (see section 6 for further detail and Annex A for the template) provides key information to relevant Scottish authorities and agencies. The Placement Notice and Undertaking must be completed ahead of the child being moved to Scotland, in order for the DOL order to be legally recognised in Scotland. This lawful authority is an essential requirement for deprivation of liberty to be compliant with Article 5 of the ECHR.

Placing authorities should share any appropriate additional information about the child, ahead of the child being moved to Scotland, with the relevant Scottish local authority to ensure comprehensive care planning and support for the child or young person being placed in Scotland.