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

6. The Notice and Undertaking

6.1 Part 1 - Written Notice (regulations 7-9)

The Placement Notice and Undertaking Template is provided at Annex A for use by the placing authority to support the required information to be shared with the relevant parties in Scotland. Supporting information to aid completion of the template is set out below.

The notice is to be completed and signed by the authorised representative of the placing local authority (England and Wales) or Health and Social Care Trust (Northern Ireland).

The information required is set out in the template and is in accordance with regulation 9 of the Regulations. It is also listed here for reference:

• a. The name of the placing local authority
• b. The gender of the child who is subject of the deprivation of liberty order
• c. The age of the child who is the subject of the deprivation of liberty order
• d. The name of the residential care setting in which the child is to be placed
• e. The time that the deprivation of liberty order –
  • comes in to effect and
  • expires (if it is not subsequently extended)

6.2 Part 2 - Undertaking (regulations 7, 8 and 10)

The placing authority is required to give in writing an undertaking which recognises its role and duties in respect of the child being placed in Scotland under a DOL order. The undertaking remains in place for the duration of the placement of the child who is subject to the DOL order.

The content of the undertaking is set out in the template and is in accordance with regulation 10 of the Regulations, setting out that the placing local authority will:

a. provide or secure the provision of all services required to support the child, and

b. meet all 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 (i.e. costs of advocacy offered to the child by Scottish Ministers will not require to be funded by the placing authority).

6.3 Persons to receive the Notice and Undertaking – Part 1 and 2

The completed Notice and Undertaking Template must be provided to all of the persons set out in regulation 8 of the Regulations in advance of the child being placed in Scotland.^[3] The template provides a tick box option to identify who the copy is being sent to and to ensure that all of the relevant persons are given the required information.

The persons are listed here for reference with additional information to support the placing local authority to identify the relevant people to whom the notification must be sent. The quickest and most effective form of notification is by electronic means, however notifications may also be made by post.

• The Health Board which provides health services in the area in which the child is to be placed

Notifications should be sent to the Chief Executive of the relevant NHS board. Details of the Regional Health Boards in Scotland can be found here: Organisations – Scotland's Health on the Web

• The Commissioner for Children and Young People in Scotland

Notifications should be sent to the Children and Young People's Commissioner Scotland at: DOLnotification@cypcs.org.uk

Further information for the Children and Young People's Commissioner can be found here: Home - The Children and Young People's Commissioner Scotland (cypcs.org.uk).

• The person in charge of the residential care setting in which the child is to be placed

The person in charge of a residential care setting in Scotland is identified as the Registered Manager of the establishment. Details of registered residential care settings are available on the Care Inspectorate website.

• The Chief Social Work Officer of the Scottish local authority in which the child is to be placed

The Chief Social Work Officer (CSWO) role fulfils a key leadership role within social work and is supported by Social Work Scotland (SWS). Every local authority in Scotland has an appointed Chief Social Work Officer. Notifications should be sent to the Chief Social Work Officer at the relevant local authority: CSWO Contact List (socialworkscotland.org).

• Any person acting for the time being as the director of education of the receiving local authority

In Scotland, the post holder for this role may hold an alternative job title within children's services in a Local Authority. Notification should be addressed: for the attention of the person in the role of the director of education and sent to the Chief Social Work Officer of the Local Authority

CSWO Contact List (socialworkscotland.org)

• The Scottish Ministers

Notification for the Scottish Ministers should be sent to the Office of the Chief Social Work Adviser, marked for the attention of the Chief Social Work Adviser.

OCSWA@gov.scot

• The Principal Reporter

The Children's Hearings System is the legal system for children and young people in Scotland who are either at risk or who have allegedly committed an offence. Notifications should be sent to: practiceteam@scra.gov.uk

Further information for SCRA can be found here: Welcome to SCRA | Scottish Children's Reporter Administration

• Social Care and Social Work Improvement Scotland ('the Care Inspectorate')

The Care Inspectorate is the national regulator for care services in Scotland. Notifications should be sent to: DOLnotification@careinspectorate.gov.scot Further information for the Care Inspectorate can be found here: Care Inspectorate