The Cross-border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations 2026: Business and Regulatory Impact Assessment

Section 5: Next steps and implementation

Recommendations/ preferred options

To introduce a comprehensive regulatory framework for all cross-border placements into residential and foster care in Scotland, ensuring children’s rights are protected and upheld.

Implementation considerations/ plan

The Scottish Government has established a Short Life Working Group to support the development of practice guidance to be ready for when the Regulations come into force, if passed by Parliament. Further information, including Terms of Reference and meeting minutes, can be found here.

The Scottish Government is also engaging with advocacy organisations to understand what is required to ensure the proposed provision in relation to advocacy can be effectively implemented.

Post implementation review

A review of the implementation of the Regulations will be undertaken after one year of their entry into force.

Declaration

I have read the Business and Regulatory Impact Assessment, and I am satisfied that it represents a fair and reasonable view of the expected costs, benefits and impact of the policy, and that these have been taken into account when making the policy decision. I am satisfied that business impact has been assessed with the support of businesses in Scotland.

I am also satisfied that officials have considered the impact on consumers as required by the Consumer Scotland Act 2020 in completion of the Consumer Duty section of this BRIA.

Signed:

Date: 13/11/25

Minister's name: Natalie Don-Innes

Minister's title: Minister for Children, Young People and The Promise

Scottish Government Contact point: Rachael Wilson, Team Leader, Children’s Residential Care Unit