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

8. Review, continuation and expiry of a DOL order

Where a review of a DOL order has been undertaken, and where a DOL order is continued in effect^[4] or terminated, the placing authority should inform the specified people and agencies in Scotland, as identified in Annex A - Notice and Undertaking Template.

In considering the duration of a placement and ongoing arrangements, placing authorities are invited to note in particular the terms of regulation 5(4) and (5) of the Regulations^[5]. This is in relation to the "relevant period" for which a DOL order is to be treated as if it were a CSO under that regulation. The DOL order will be so treated for the duration of that period unless, within that period, the DOL order ceases to have effect in the jurisdiction of the court which made the order (in which case, the DOL order will no longer be treated as if it were a CSO on its ceasing to have effect.) If the DOL order has not previously been reviewed and continued in effect by the court which made the order, "the relevant period" is the period of three months beginning with the day on which the order was made. Otherwise, the "relevant period" is the period of three months beginning the day on which the order was reviewed and continued in effect, or last reviewed and continued in effect, by the court which made the order. The effect of regulation 5(4)(b) is that it is possible for a DOL order to be treated as if it were a CSO on a rolling basis for several "relevant periods", as long as the DOL order has been reviewed and continued in effect by the court which originally made it on or before the last day of the preceding "relevant period".

In other words, the court in the jurisdiction where the DOL order was made must review the order and continue it in effect at least every three months for it to continue to be recognised in Scots law under the Regulations. If such a review is not undertaken, this could have the consequence that there is no longer a continuing lawful basis for the deprivation of the child's liberty in Scotland.