Deprivation of Liberty (DOL) orders are approved by the High Court in England, but due to a lack of placements in England and Wales some children and young people on these orders are placed in private residential units in Scotland. DOL orders are not a direct equivalent of secure authorisations in Scotland, and there is no requirement for children on DOL orders to be placed in secure accommodation in Scotland. 

Previously, for these orders to be recognised in Scotland, a Petition had to be made to the Nobile Officium of the Court of Session in Edinburgh. The Courts indicated that this should not be being used for these types of orders. The Scottish Government introduced the Cross-Border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 to the Parliament in April this year to provide a recognition mechanism for DOL orders in Scotland. The Regulations also include the right for children who are subject to a DOL order in Scotland to have access to advocacy in Scotland, facilitated through the National Advocacy Scheme that was set up for children attending Children's Hearings. Scottish Government guidance on the new Regulations can be found here: 

The Legal Support Service provided by Clan Childlaw will continue to provide legal support to any advocacy provider who is supporting a child in Scotland who is subject to a DOL order.