Cross-Border Placements Regulations: business and regulatory impact assessment

15. Enforcement, sanctions and monitoring

The Regulations apply, with certain modifications, provisions of the 2011 Act for the purposes of the Regulations so that they apply in relation to DOL orders recognised under them. The key effect of this is to ensure that the placing authority is designated as the implementation authority for the order and therefore has full responsibility to provide or secure all services to support the child placed in Scotland under the recognised DOL order.

The Regulations also modify relevant enforcement provisions of the 2011 Act to provide the Scottish Ministers with the power to apply to the sheriff court for an enforcement order if a placing authority does not comply with its obligations. The process to be followed broadly mirrors that which would apply where a Scottish Local Authority is in breach of its obligations as the implementation authority for a CSO.

Finally, sections 168 to 171 of the 2011 Act are applied with modifications to ensure that appropriate action can be taken where a child who is subject to a DOL order absconds from a place or a person. In particular, these provisions ensure that the child can be returned to the relevant place or person and that anyone who knowingly assists or induces the child to abscond; harbours or conceals them; or prevents them from returning to the relevant place or person commits an offence.