UPDATE on Deprivation of Liberty (DOLs) cases between Scotland and England and Wales


The Extra Division of the Inner House of the Court of Session issued a Note shortly before Christmas in the case of City of Wolverhampton Council and ors (2021 CSIH 69). It reiterates the need for the statutory lacuna that currently exists to be addressed without delay. Meantime, the Cross Border Group which has been set up and is chaired by Lady Wise may be best placed to assess the practicalities required to ensure the appropriate involvement of the Court of Session, Scottish Local Authorities, Social Work Departments, Health providers, Education Departments and the Care Inspectorate, when if comes to the placement in Scotland of a child from outside Scotland.

You can find a detailed note about the current state of play in relation to Deprivation of Liberty (DOLs) cases here, written by Susan Oswald, who has significant experience in this area of law, having acted for 13 separate Local Authorities in England and Wales, as well as young people directly affected by such orders.