Cross-Border Placements Regulations: child rights and wellbeing impact assessment

2. What impact will your policy/measure have on children's rights?

The decision to grant a DOL order for the child rests with the High Court in another part of the UK. Ultimately, that decision requires the court to assess whether imposing deprivation of liberty measures is a necessary and proportionate intervention in order to protect the safety, health and wellbeing of the child, or of others.

The Regulations will have a positive impact on children's rights, as the key policy aims are to ensure that:

• The deprivation of a child's liberty on cross-border placement in Scotland is lawfully recognised without requiring recourse to the current recognition process, which is not fit for purpose; and
• The placement process is better regulated, by ensuring that legal recognition is subject to certain conditions – including requirements for the placing authority to act as the implementation authority, and to:
  • notify key people in Scotland of information about the DOL order; and
  • grant an undertaking that, throughout the duration of the placement, it will provide or secure the provision of all services required to support the child who is the subject of the DOL order.

Together, these conditions will ensure that there is greater clarity on the legal responsibilities of the placing authority, ensuring they can be enforced where necessary – as well as wider safeguards from notifications in respect of all relevant Scottish agencies being informed.

The offer of advocacy support could also have a positive impact for the child. If they accept the offer, an advocacy worker could support the child to provide their views to the residential provider - as to how their in-placement experience aligns with their child's plan and how their welfare is being protected, in line with the welfare analysis submitted to the High Court when the placing authority first applied for the DOL order.