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

Recommendations and conclusion

Consideration of protected characteristics has driven this policy and informed decision making at every stage.

The EQIA has shaped the policy making process in a number of ways. It helped to inform the decisions to:

• Require an undertaking to be provided by or on behalf of the placing authority to all the listed Scottish authorities in the residential context, to set out that the placing authority will provide or secure the provision of all services required to support the child, and to place a parallel obligation on a placing fostering authority to provide or secure such services for a child in a fostering context. This aims to ensure that any potential negative impacts on each characteristic are identified and mitigated and that provision of required services takes account of a child's specific needs, whether in relation to disability, religion or other protected characteristics.
• Require a written notice to be provided by the placing local or fostering authority to all the listed Scottish authorities, providing key information in relation to the child and their placement (including the child’s age). Although limited data on equality characteristics is shared, the improved framework for information-sharing could help to increase the opportunity for any unlawful discrimination to be identified and addressed. It will also support improved planning in respect of required support and services for children placed into Scotland and improved data about these placements.
• Require regular visits and reviews of residential care placements to ensure the child’s wellbeing and that placement remains suitable to meet the child’s needs.
• Require the Scottish Ministers to, as soon as reasonably practicable, inform all children placed cross-border into residential care of the availability of children’s advocacy services. Where advocacy is offered and is taken up, children will have a chance to express their views through the advocate – which provides an opportunity for any issues in terms of impacts on a particular protected characteristic to be identified and communicated to the responsible authorities.
• Require an agreement to be made between the placing fostering authority and the foster carer. This agreement will place obligations on the placing 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.
• Retain powers similar to those provided in the 2022 Regulations to allow Ministers to apply a sheriff for an enforcement order if a placing authority does not comply with certain duties – for example, allowing them to seek a judicial remedy where a placing authority does not effectively implement a non-Scottish order which has effect as if it were a CSO and to enforce requirements for visits and reviews in the residential context. However, recognising the time required to see through this formal enforcement process (noting some issues require immediate attention), in consultation with Chief Social Work Officers, the Scottish Government has developed an escalation process that aims to resolve concerns between parties on an informal basis, where possible. This has already been introduced for DoL order placements under the 2022 Regulations and, if the Regulations are passed by Parliament, this will be replicated for all cross-border placements into residential care.

Whilst no issues were identified as a result of this EQIA, there will be continued consideration of the impact of the Regulations following implementation (if passed by Parliament). We will continue to work collaboratively with the UK Government and other devolved administrations to monitor the effectiveness of the Regulations. A review of the implementation of the Regulations will be undertaken after one year, if the Regulations are approved by Parliament.

All providers of care services for children are required to register with the Care Inspectorate, who have a duty to regulate care services and report on their quality, investigate complaints and help support improvement, as required.