Cross-Border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022: practice guidance, notice and undertaking template

Annex B

Example of Escalation Process - Case study

Step 1 – concern identified ( i.e. service manager of residential service identified child health needs have not been provided for by placing authority)

Service manager of residential service communicates with placing authority who have 5 days to respond.

• Placing authority does not respond/resolve issue. Move to step 2
• Placing authority rectifies this issue, or sets out a suitable course of action, within 5 working days - no further action

Step 2 – escalation to Chief Social Work Officer (CSWO) in Scottish LA

Service manager escalates to CSWO in Scottish local authority to investigate. CSWO writes to CSWO in placing authority to inform of issue identified and potential breach. They have 5 days to respond.

• Placing authority does not respond/resolve issue. Move to step 3
• Placing authority rectifies this issue, or sets out a suitable course of action, within 5 working days - no further action required

Step 3 – escalation to Office of the Chief Social Work Advisor (OCSWA)

CSWO in Scottish LA escalates to OCSWA who writes to their counterpart in placing LA to inform them of issue identified and potential breach. They have 5 working days to respond.

• Placing authority does not respond/resolve issue. Move to step 4
• Placing authority rectifies this issue , or sets out a suitable course of action, within 5 working days - no further action required

Step 4 – escalation to Scottish Ministers

Escalation to Scottish Ministers for investigation.

• Scottish Ministers do not consider the placing authority to be in breach of their obligations - no further action taken
• Scottish Ministers consider the placing authority to be in breach of its obligations and give notice of intention to apply to the sheriff court to enforce the placing authority’s duty. The placing authority has 21 days to adhere to the duty.
  • The placing authority does not satisfactorily respond. Move to step 5
  • The placing authority responds to the notice setting out what steps it has taken/will take in order to comply with its duty – no further action required

Step 5 – escalation to courts

Scottish Ministers apply to a sheriff in the Scottish local authority area for an order to enforce the placing authority’s duty.

• The sheriff may make an order requiring the placing authority that is in breach of a duty to carry out that duty.

Step 6 – feedback/final resolution

Scottish Ministers follow up with the placing authority to ascertain what steps or further steps it has taken or will take to address the issue.