Cross-Border Placements Regulations: child rights and wellbeing impact assessment
Child rights and wellbeing impact assessment (CRWIA) for the Children’s Hearings (Scotland) Act 2011 (Effect of Deprivation of Liberty Orders) Regulations 2022.
7. What evidence have you used to inform your assessment?
There is limited data available, due to the relatively small number of these cross-border DOL placements, and due to the sensitive, confidential nature of the court proceedings. However, we have used a range of evidence, including:
- Notifications data about cross-border placements from the Care Inspectorate
- Feedback from partners and stakeholders on the policy position paper
- Discussions with partners and stakeholders about the current process for recognising DOL orders and the policy proposals
- Anonymised information from the Care Inspectorate's desktop exercise and thematic review of cross-border DOL placements
- Current Litigation practice regarding conditions for recognition of DOL orders
Going forward, by introducing clear requirements for who the placing authority should notify of key details about the placement, the Scottish Government and others will be able to more consistently monitor placement information. The offer of advocacy support to the children and young people will also provide a new opportunity for their voices to be heard in the process. By gaining views and feedback from children through an advocacy worker here in Scotland, we can be further assured that their rights whilst placed here are being upheld in line with the child's plan.
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