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

Key Findings

Currently, all UK public authorities involved in the care of children must comply with the public sector equality duty, including ensuring the activities and services they are providing do not discriminate against people with protected characteristics as listed in the Equality Act 2010. This means that the child’s plan (and/or any court order) should include full consideration of all the child's unique needs. This will continue to be the case once the Regulations are, subject to Parliamentary approval, implemented.

Given the scope of the policy is to provide for legal recognition of orders and arrangement and better regulate the placement process, we consider that any impact of the Regulations on each protected characteristic will be minimal. We found no evidence that children with any protected characteristic would be disproportionately or adversely affected.

The Regulations will help to ensure that the placement process is better regulated, making it clear that the placing authority is responsible for ensuring the child’s welfare in temporary placement scenarios. The Regulations will also provide a robust mechanism for information-sharing, which increases the ablility of those involved in the child’s life to understand the child’s unique needs and opportunities for unlawful discrimination to be identified and addressed. The introduction of an offer of advocacy to children who are placed into residential care in Scotland will bring further positive impact, supporting children to provide their views to the residential accommodation provider which is hosting them. For example, engaging with a Scottish advocate will allow the child to express how their in-placement experience aligns with their child’s plan and how their welfare is being protected.

Further consideration is given to each protected characteristic below.

Age

• The Regulations apply to children people placed cross-border into Scotland, defined as individuals under the age of 18. However, they do not directly impact the protected characteristic of age.
• A key condition for recognising the legal underpinning of a placement is that the placing authority must notify relevant Scottish stakeholders and provide information about each placement, including the child’s date of birth. Information on the age of children currently placed cross-border is not known.
• It remains the responsibility of the placing authority and/or the relevant court in the child’s home jurisdiction to determine whether a placement is in the child’s best interests. Consideration of whether the placement is age-appropriate should form part of that decision-making process.
• The Regulations will require that placing authorities adhere to duties they set out, which include, for example, to comply with requirements of any order the child is subject to and investigate from time to time whether these are being complied with, and to take such steps as are reasonable if not.
• The Regulations include provision for Scottish Ministers to offer and fund advocacy for all children temporarily placed cross-border into residential care. This will help ensure that these children are supported to express their own needs and views and to make informed decisions on matters which influence their lives.

Disability

• The Regulations apply equally to all children, regardless of disability.
• The Regulations will require placing authorities in the residential context to give an undertaking to provide or secure the provision of all services to support the child for the duration of the placement. This includes any necessary health and education support. The Regulations also require the placing authority to comply with requirements of any order a child is subject to and investigate from time to time whether these are being complied with, and to take such steps as are reasonable if not.
• For residential care placements, the Regulations will require that placing authorities undertake regular reviews and visits to the child. The Regulations also include provision for Scottish Ministers to offer funded advocacy. This will ensure, for example, that children with disabilities – especially those with communication or cognitive impairments – can participate in decisions about their care. This promotes voice, choice, and control, key elements of equality of opportunity.
• For foster care placements, the Regulations require the placing fostering authority to provide or secure all services required to support the placed child and enter into an agreement with the foster carer. This agreement will place obligations on the placing fostering authority to provide all information to the foster carer about the child’s care and wellbeing. This includes outlining a plan for regular reviews and visits in line with the legislative requirements in the child’s home jurisdiction.
• A child’s disability is particularly relevant when determining whether a placement is in their best interests and whether it meets their individual needs. These decisions are made by the placing local authority (and sometimes the relevant court in another part of the UK). Whether or not the placement appropriately takes account of any disability should be part of that decision-making. If a child's disability could not be appropriately accommodated in a proposed placement, the placement would not be in the best interests of the child.

Sex

• The Regulations apply equally to placements of boys and girls.
• The Regulations will require placing authorities in the residential context to give an undertaking to provide or secure the provision of all services to support the child. The Regulations also require the placing authority to comply with requirements of any order the child is subject to and investigate from time to time whether these are being complied with, and to take such steps as are reasonable if not.
• For residential care placements, the Regulations will require that placing authorities undertake regular reviews and visits to the child. The Regulations also include provision for Scottish Ministers to offer funded advocacy, which will ensure that children can participate in decisions about their care. This promotes voice, choice, and control, key elements of equality of opportunity.
• For foster care placements, the Regulations require the placing fostering authority to provide or secure all services required to support the placed child and enter into an agreement with the foster carer. This agreement will place obligations on the placing fostering authority to provide all information to the foster carer about the child’s care and wellbeing. This includes outlining a plan for regular reviews and visits in line with the legislative requirements in the child’s home jurisdiction.
• The decision to place a child is typically made by the placing local authority or the court in another part of the UK and fall outside the scope of this policy. However, the Regulations require that, for recognition of the legal underpinning of the placement in Scotland, an assessment must be made by an officer of the placing local authority/placing fostering authority that the proposed placement setting is suitable to meet the child’s needs. This assessment will then be re-visited throughout the placement as part of the relevant review process.

Pregnancy and Maternity

• It remains the responsibility of the placing authority (and/or the relevant court) to determine whether a placement is in the child’s best interests. If a child placed cross-border becomes pregnant, consideration of whether the placement is (or remains) appropriate forms part of that decision-making process.
• Information relating to pregnancy and maternity is particularly relevant when determining whether a placement is in the child’s best interests and whether it meets their individual needs. These decisions – typically made by the placing local authority or the court in another part of the UK – fall outside the scope of this policy. However, the Regulations require that, for recognition of the legal underpinning of the placement in Scotland, an assessment must be made by an officer of the placing local authority/placing fostering authority that the proposed placement setting is suitable to meet the child’s needs. This assessment will then be re-visited throughout the placement as part of the relevant review process.
• As with any placement, individual case considerations would be undertaken if a child became pregnant, and various options would be considered including foster care, specific mother and baby services, their existing children’s home (if deemed safe and in their best interest).
• Under the Equality Act 2010, public authorities must not discriminate against people on the grounds of pregnancy and maternity. To date, there is no evidence of any child involved in a past or present cross-border placement being pregnant.
• In the event that a child in a future cross-border placement was or were to become pregnant, this policy would not influence any resulting impact. Responsibility for considering this protected characteristic would lie with the placing authority seeking the placement and any court granting or reviewing an order the child is subject to.

Gender reassignment

• The Regulations apply equally to all children, including those who identify as transgender, or are undergoing or have undergone gender reassignment.
• The Regulations will require placing authorities in the residential context to give an undertaking to provide or secure the provision of all services to support the child. The Regulations also require the placing authority to comply with requirements of any order the child is subject to and investigate from time to time whether these are being complied with, and to take such steps as are reasonable if not.
• For residential care placements, the Regulations will require that placing authorities undertake regular reviews and visits to the child. The Regulations also include provision for Scottish Ministers to offer funded advocacy, which will ensure that children can participate in decisions about their care. This promotes voice, choice, and control, key elements of equality of opportunity.
• For foster care placements, the Regulations require the placing fostering authority to provide or secure all services required to support the placed child and enter into an agreement with the foster carer. This agreement will place obligations on the placing fostering authority to provide all information to the foster carer about the child’s care and wellbeing. This includes outlining a plan for regular reviews and visits in line with the legislative requirements in the child’s home jurisdiction.
• Information relating to gender reassignment is particularly relevant when determining whether a placement is in the child’s best interests and whether it meets their individual needs. These decisions – typically made by the placing local authority or the court in another part of the UK – fall outside the scope of this policy. However, the Regulations require that, for recognition of the legal underpinning of the placement in Scotland, an assessment must be made by an officer of the placing local authority/placing fostering authority that the proposed placement setting is suitable to meet the child’s needs. This assessment will then be re-visited throughout the placement as part of the relevant review process.

Sexual Orientation

• The Regulations apply equally to children of all sexual orientations.
• The Regulations will require placing authorities in the residential context to give an undertaking to provide or secure the provision of all services to support the child. The Regulations also require the placing authority to comply with requirements of any order the child is subject to and investigate from time to time whether these are being complied with, and to take such steps as are reasonable if not.
• For residential care placements, the Regulations will require that placing authorities undertake regular reviews and visits to the child. The Regulations also include provision for Scottish Ministers to offer funded advocacy, which will ensure that children can participate in decisions about their care. This promotes voice, choice, and control, key elements of equality of opportunity.
• For foster care placements, the Regulations require the placing fostering authority to provide or secure all services required to support the placed child and enter into an agreement with the foster carer. This agreement will place obligations on the placing fostering authority to provide all information to the foster carer about the child’s care and wellbeing. This includes outlining a plan for regular reviews and visits in line with the legislative requirements in the child’s home jurisdiction.
• Information relating to sexual orientation is particularly relevant when determining whether a placement is in the child’s best interests and whether it meets their individual needs. These decisions – typically made by the placing local authority or the relevant court in the child’s home jurisdiction – fall outside the scope of this policy. However, the Regulations require that, for recognition of the legal underpinning of the placement in Scotland, an assessment must be made by an officer of the placing local authority/placing fostering authority that the proposed placement setting is suitable to meet the child’s needs. This assessment will then be re-visited throughout the placement as part of the relevant review process.

Race

• The Regulations apply equally to all children, regardless of race.
• The Regulations will require placing authorities in the residential context to give an undertaking to provide or secure the provision of all services to support the child for the duration of the placement. This includes any necessary health and education support. The Regulations also require the placing authority to comply with requirements of any order a child is subject to and investigate from time to time whether these are being complied with, and to take such steps as are reasonable if not.
• For residential care placements, the Regulations will require that placing authorities undertake regular reviews and visits to the child. The Regulations also include provision for Scottish Ministers to offer funded advocacy. This will ensure, for example, that children with disabilities – especially those with communication or cognitive impairments – can participate in decisions about their care. This promotes voice, choice, and control, key elements of equality of opportunity.
• For foster care placements, the Regulations require the placing fostering authority to provide or secure all services required to support the placed child and enter into an agreement with the foster carer. This agreement will place obligations on the placing fostering authority to provide all information to the foster carer about the child’s care and wellbeing. This includes outlining a plan for regular reviews and visits in line with the legislative requirements in the child’s home jurisdiction.
• Information relating to race is particularly relevant when determining whether a placement is in the child’s best interests and whether it meets their individual needs. These decisions – typically made by the placing local authority or the relevant court in the child’s home jurisdiction – fall outside the scope of this policy. However, the Regulations require that, for recognition of the legal underpinning of the placement in Scotland, an assessment must be made by an officer of the placing local authority/placing fostering authority that the proposed placement setting is suitable to meet the child’s needs. This assessment will then be re-visited throughout the placement as part of the relevant review process.

Religion or Belief

• The Regulations apply equally regardless of a child’s religion, faith, or belief.
• The Regulations will require placing authorities in the residential context to give an undertaking to provide or secure the provision of all services to support the child for the duration of the placement. This includes any necessary health and education support. The Regulations also require the placing authority to comply with requirements of any order a child is subject to and investigate from time to time whether these are being complied with, and to take such steps as are reasonable if not.
• For residential care placements, the Regulations require that placing authorities undertake regular reviews and visits to the child. The Regulations also include provision for Scottish Ministers to offer funded advocacy. This will ensure, for example, that children with disabilities – especially those with communication or cognitive impairments – can participate in decisions about their care. This promotes voice, choice, and control, key elements of equality of opportunity.
• For foster care placements, the Regulations require the placing fostering authority to provide or secure all services required to support the placed child and enter into an agreement with the foster carer. This agreement will place obligations on the placing fostering authority to provide all information to the foster carer about the child’s care and wellbeing. This includes outlining a plan for regular reviews and visits in line with the legislative requirements in the child’s home jurisdiction.
• Information relating to religion or belief is particularly relevant when determining whether a placement is in the child’s best interests and whether it meets their individual needs. These decisions – typically made by the placing local authority or the relevant court in the child’s home jurisdiction – fall outside the scope of this policy. However, the Regulations require that, for recognition of the legal underpinning of the placement in Scotland, an assessment must be made by an officer of the placing local authority/placing fostering authority that the proposed placement setting is suitable to meet the child’s needs. This assessment will then be re-visited throughout the placement as part of the relevant review process.

Marriage and Civil Partnership

• We have not identified any potential impact of the policy on marriage or civil partnership due to the age and circumstances of the children who are subject to cross-border placements.
• The Regulations may also have minor indirect effects on children already in care in Scotland. For example, better-regulated cross-border placements are less likely to break down, reducing the need for emergency staff intervention and resources, which benefits all children in the same residential setting.