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

The Scope of the EQIA

The Regulations apply to children from another part of the UK who are placed into residential or foster care in Scotland, subject to particular orders or arrangements. The Regulations provide legal recognition in Scots law for such orders and arrangements and set out requirements to be met in terms of the placement. As such, the direct impact on protected characteristics is expected to be minimal. However, the Regulations are likely to have some positive impacts by ensuring that these characteristics are given due consideration within a clearer legal framework.

It is important to note that the wider impacts of cross-border placements themselves are outside the scope of this policy. Such placements are already taking place, will continue to do so, and remain the responsibility of the placing authority outside Scotland. That authority must determine whether the placement is in the best interests of the child (considering the terms of any relevant court order) and should take account of any relevant protected characteristics in making its decision. This EQIA therefore focuses specifically on the impacts of the Regulations and supporting documents, rather than on the impacts of cross-border placements themselves.

The EQIA considered the full range of protected characteristics under the Equality Act 2012. In line with the Public Sector Equality Duty (PSED), the EQIA addressed the three needs:

• Eliminating unlawful discrimination, harassment and victimisation
• Advancing equality of opportunity
• Fostering good relations

In assessing each protected characteristic, we considered factors such as the available evidence, its strength and sufficiency, and any potential positive or negative impacts.

The EQIA used a combination of qualitative and quantitative methods to assess impact. Quantitative data included:

• National statistics (e.g. Children’s Social Work Statistics 2023/24)
• Scottish Government data on DoL placements
• Care Inspectorate data on cross-border placements
• Care Inspectorate Fostering and Adoption Bulletin
• In March 2025, the Scottish Government wrote to English placing authorities to gather information including the number of cross-border placements into residential care in Scotland and the location of these placements.
• In September 2025 the Scottish Government wrote to English placing authorities to gather updated information on the number of cross-border placements into both fostering and residential care in Scotland

Qualitative evidence included:

• Stakeholder engagement workshops in March 2025 to test and refine the policy for residential care placements.
• In August and September 2024, two stakeholder workshops were held to understand key challenges with cross-border placements into residential care and how the Regulations could help to address them. The outputs of these sessions can be found on the Scottish Government’s webpage.
• In February 2024 the Scottish Government wrote to English placing authorities to gather evidence in relation to why children are being placed in residential care in Scotland
• In October 2023 the Scottish Government facilitated a stakeholder workshop to review the effectiveness of the 2022 Regulations
• In August 2023 the Scottish Government worked with the Association of Directors of Children’s Services (ADCS) in England to gather information on a sample of cross-border placements where children are subject to voluntary arrangements to understand why these types of placements arise.
• The Care Inspectorate’s thematic review of cross-border placements into residential care Scotland, published May 2023
• The Independent Care Review -The Promise

The framing exercise and stakeholder engagement helped shape the scope and depth of the EQIA, ensuring that equality considerations were embedded throughout the policy development process. Stakeholder engagement was central to the EQIA process.