Cross-border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations 2026: practice guidance, notice and undertaking template

Annex A

Placement notice and undertaking template – residential placements

This written notice and undertaking is given to the following persons to comply with the Cross-Border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations 2026:

• The Health Board which provides health services in the area in which the child is to be subject to an ongoing residential placement
• The registered manager of the care home service provided in the residential care setting in which the child is to be placed
• The Chief Social Work Officer of the receiving local authority
• Any person acting for the time being as the Chief Education Officer of the receiving local authority
• The Scottish Ministers
• Social Care and Social Work Improvement Scotland
• The Chief Constable of Police Scotland

Name and title of authorised representative of the placing local authority:

Address:

Email:

Tel:

Part 1 – Notice

This notice is given in accordance with Regulation 5(2)(a) / 27(2)(a)/ 30(2)(a) of the Cross-border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations 2026

The following information is provided in respect of the child being placed in Scotland:

the name of the child subject to an ongoing residential placement:

where applicable, the child’s preferred name

the date of birth of the child

the name of the placing local authority

in respect of the child’s social worker within the placing authority, their name, contact telephone number, email address and postal address

in respect of the residential care setting in which the child is to be subject to an ongoing residential placement - the name and address of the setting

in respect of the registered manager of the residential care setting in which the child is to be placed, their name, contact telephone number, and email address

in respect of the child’s general practitioner (GP), their name and postal address

the circumstances giving rise to an ongoing residential placement for the child

the proposed date of entry of the child into the residential care setting in which they are to be placed

the proposed educational arrangements for the child

the legal authorisation for the initial and ongoing placement arising under the law of England and Wales, or as the case may be, Northern Ireland

The time that any relevant order or deprivation of liberty order comes into effect, is due to be reviewed, and expires (if not subsequently extended)

Part 2 – Undertaking

Form of undertaking

Undertaking by placing local authority under the Cross-border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations 2026

In accordance with regulation 5(2)(b)/27(2)(b)/30(2)(b) of the Cross-border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations 2026 ("the Regulations"),

[name of placing local authority] hereby gives the following undertaking:

For the duration of the authorised residential placement of [name of placed child, "the child"], [name of placing local authority] will:

(a) provide or secure the provision of all services to support the child,

(b) meet the costs arising from, or in consequence of, the child's placement, other than the costs of children's advocacy services provided to the child in accordance with regulation 19 (provision of children's advocacy services) of the Regulations,

(c) comply with the duties in the following provisions of the Regulations-

(i) regulation 13(a) (ongoing duties of the placing local authority),

(ii) regulation 13(b) (ongoing duties of the placing local authority),

(iii) regulation 14 (residential care - compliance with requirements in order), where applicable,

(iv) regulation 16 (requirement for periodic ongoing residential placement review), and

(v) regulation 18 (mandatory ongoing residential placement review in certain. circumstances).

(d)

[name of placing local authority] recognises that any breach of its duties under the Regulations may result in enforcement action being taken by the Scottish Ministers.

Signed by:

on behalf of [placing local authority]

Date: