Cross-Border Placements Regulations: island communities impact assessment

Assessment

• Does your assessment identify any unique impacts on island communities? No.
• Does your assessment identify any potential barriers or wider impacts? No.
• Does the evidence show different circumstances or different expectations or needs, or different experiences or outcomes (such as different levels of satisfaction, or different rates of participation)? No.
• Are these different effects likely? No.
• Are these effects significantly different? No.
• Could the effect amount to a disadvantage for an island community compared to the mainland or between island groups? No.

The Scottish Government's assessment has not identified any potential barriers or wider impacts of the policy on island communities which is significantly different from its effect on other communities. This includes the mainland and other island communities.

Engagement with relevant stakeholders did not highlight impacts that would be considered to have a significantly different effect on island communities as compared to other communities. Similarly, there will be no additional financial impact for island communities in isolation resulting from the Regulations.

Cross-border placements from elsewhere in the UK into residential care settings in Scotland are, by their nature, distance placements. This distance exists irrespective of whether a child is placed on an island or not, but a potential placement on an island should give rise to particular considerations by the placing authority and the relevant court as to whether it is in the child's best interests.

The scope of this policy is to bring forward regulations that will provide for legal recognition in Scots law of DOL orders made by a High Court in another part of the UK. The Regulations and accompanying administrative arrangements will not, and cannot, provide for the process by which a DOL placement into a Scottish residential care setting is approved for a child. Accordingly, the policy will not have a bearing on where in Scotland children are ultimately accommodated and as such, it will not have any unique impact relevant to island communities. We do expect, however, that better regulating the placement process will be of equal benefit to authorities across Scotland, wherever a placement is planned.

Accordingly, we conclude that our policy, strategy or service is not likely to have an effect on an island community which is significantly different from its effect on other communities (including other island communities). Scottish Government's conclusion is that a full Islands Communities Impact Assessment is not required.

Screening ICIA completed by (name): Hannah Graham

Position: Formal Care and Corporate Parenting Team Leader

Signature and date: Hannah Graham, 13 April 2022

ICIA authorised by: Jane Moffat

Position: Deputy Director – Strategy, The Promise and GIRFEC

Signature and date: Jane Moffat, 13 April 2022