Cross-border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations 2026: practice guidance, notice and undertaking template
Guidance primarily for local authorities in England and Wales and Health and Social Care Trusts or Education Authorities in Northern Ireland which are involved in the placing of children into residential care homes and foster care in Scotland.
1. Background
The Cross-border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations 2026 (‘the Regulations’) came into force on 9 February 2026. They provide a legal framework for the recognition of certain court orders made elsewhere in the UK which underpin temporary placements into residential care home services and foster care, as well as a framework for giving effect to voluntary arrangements resulting in residential care placements in Scotland. This regulatory framework allows us to ensure that specified conditions or requirements are met in relation to a child’s placement.
The Regulations also provide a mechanism to “convert” certain non-Scottish orders into Scottish compulsory supervision orders with the agreement of the relevant Scottish local authority. This is only intended to apply in exceptional circumstances where the child’s permanent relocation to Scotland is appropriate.
The overarching aim is to ensure that the welfare of children who have been placed into residential care homes and foster care in Scotland from other parts of the UK is safeguarded and promoted.