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. The Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 (legislation.gov.uk)

^5. "placement" is defined in regulation 2(1) of the Regulations.