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

5. How will the policy/measure give better or further effect to the implementation of the UNCRC in Scotland?

As outlined above, a number of UNCRC Articles are engaged through this policy, including Articles related to:

• General Principles (Articles 3 and 12)
• Civil rights and freedoms (Articles 7, 8, 13 and 16)
• Family environment and alternative care (Articles 5, 9, 10, 18, 20 and 25)
• Basic health and welfare (Article 23, 24 and 27)
• Education, leisure and cultural activities (Article 28 and 31)
• Special protection measures (Articles 37)

The Regulations and accompanying administrative agreements support these UNCRC Articles by:

• Ensuring that the DOL order is recognised in Scots law, ensuring that the deprivation of liberty of a child which has been assessed as necessary and proportionate is lawful in Scotland;
• Better regulating the placement process, by ensuring that legal recognition is subject to certain conditions – including requirements for the placing authority to:
  • notify key people in Scotland of information about the DOL order; and
  • provide 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.
• Making it clear what the legal responsibilities of the placing authority are and ensuring that these can be enforced where necessary.

The offer of advocacy support to the children and young people on cross-border DOL placements further supports the implementation of UNCRC, for example, by ensuring that the child's views are listened to throughout their placement in Scotland and that a smooth transition can be made when the child ultimately returns to their home jurisdiction.