FOI/202400445455 · FOI · not held
Deprivation of Liberty Order data: FOI release
Information requested
How many children have been placed in Scotland from England and Wales under the authority of a Deprivation of Liberty Order recognized by the Cross-Border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 in the last 12 months?
How many children are currently residing in Scotland having been placed in Scotland from England and Wales under the authority of a Deprivation of Liberty Order recognized by the Cross-Border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022?
Response
The Scottish Government does not hold the information on how many Deprivation of Liberty Order’s have been recognized by the Cross-Border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 as this is a matter for the placing local authority to establish.
This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.
However, the Scottish Government can confirm that eight notifications have been received for children placed into residential care in Scotland from England on a Deprivation of Liberty Order in the last 12 months (December 2023 - December 2024).
As at 17 December 2024, the Scottish Government had two notifications of children residing in residential care in Scotland from England on a Deprivation of Liberty Order.
The Cross-Border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 provide for Deprivation of Liberty Orders to be treated in Scotland as if they were Compulsory Supervision Orders - for specified purposes and subject to certain conditions. These conditions must be fulfilled by authorities from England / Wales / Northern Ireland who wish to place a child in Scotland to ensure Scots law recognition of the order and a lawful basis for authorising the deprivation of the child's liberty in accordance with the order as required for the purposes of compliance with article 5 of the European Convention on Human Rights (ECHR).
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.
Contact Please quote the FOI reference Central Correspondence Unit Email: contactus@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrew's House Regent Road Edinburgh EH1 3DG
Detected exemption language
This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.
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