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

Annex E:

Fostering agreement template

Illustrative fostering agreement

(Cross-border placement under the Cross-border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations 2026)

[insert placing local authority name, foster carer/s name & fostering service name]

This illustrative template does not replace Individual Placement Agreements or contractual arrangements between placing authorities and fostering services.

Section 1: Parties to the Agreement

Placing Fostering Authority:

Address:

Contact Details:

(“the Placing Fostering Authority”)

Foster Carer(s):

Address:

Contact Details:

(“the Foster Carer(s)”)

Whilst the regulations require that an agreement be entered into as between the Placing Fostering Authority and the Foster Carer(s), other parties – such as the relevant Scottish fostering service - may be involved as necessary. This Agreement is intended to supplement any wider arrangements entered into as between placing authorities, foster carers and fostering services.

Section 2: Purpose of Agreement

This Agreement sets out arrangements and responsibilities for the Placing Fostering Authority and the Foster Carer(s) (“the Parties”) in respect of a cross-border placement, in accordance with the Cross-border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations 2026. The cross-border placement arises in respect of [insert name of child] (“the Child”).

This template reflects the matters set out in Schedule 3 of the Regulations, but may be adapted as necessary.

Section 3: Responsibilities of the Placing Fostering Authority

[The Placing Fostering Authority will provide the Foster Carer(s) with a statement containing all information which it considers necessary for the Foster Carer(s) to care for the child and, in particular, information about:

• the objectives of the ongoing foster placement,
• any care plan which it has prepared in relation to the Child,
• the order to which the Child is subject,
• the Child’s personal history, religious persuasion, cultural and linguistic background and racial origin;
• the Child’s state of health and the need for health care and surveillance,
• the name of the Child’s general practitioner during the ongoing foster placement, and
• the Child’s educational needs.

The Placing Fostering Authority agrees that this statement will be provided to the Foster Carer(s) either prior to the placement of the Child with them, or, where this is not possible, within three working days, beginning with the date of the placement.

The Placing Fostering Authority agrees that, for the duration of the placement of the Child, it will:

• Comply with any conditions or requirements imposed by the order underpinning the placement,
• Investigate from time to time whether any conditions or requirements under the order are being complied with and, if it considers that they are not being complied with, take such steps as it considers necessary,
• Provide or secure the provision of services required to support the Child,
• Meet the costs arising from, or in consequence of, the Child’s placement, and
• Undertake visits to the Child and reviews in accordance with this agreement.

Section 4: Responsibilities of the Fostering Service

The Foster Carer(s) agree(s) that:

• they will give written notice and full details to the Placing Fostering Authority and [insert name of receiving fostering authority] of:
  • any intended change of address,
  • any change in the composition of the household, any other change in personal circumstances, any other event affecting either the Foster Carer’s capacity to care for the Child or the suitability of the household and any criminal convictions arising between their approval as a foster carer and subsequent reviews under the Looked After Children (Scotland) Regulations 2009, and
  • any further request or application of a kind mentioned in paragraph 11 of the 2009 Regulations.
• they will not administer corporal punishment to the Child,
• they will ensure that any information relating to the Child, their family or any other person, which has been given in confidence in connection with the ongoing foster placement is kept confidential and is not disclosed to any person without the consent of the Placing Fostering Authority,
• they will comply with the terms of this Agreement,
• they will care for the Child as if they were a member of their family and in a safe and appropriate manner,
• they will promote the Child’s welfare having regard to the Placing Fostering Authority’s immediate and longer-term arrangements for the Child,
• they will notify the Placing Local Authority and [insert name of receiving fostering authority] immediately of any serious illness of the Child or of any other serious occurrence affecting the Child,
• they will cooperate with arrangements made by the Placing Local Authority, and
• they will allow the child to be removed from their home by the Placing Local Authority where the placement is terminated.

Section 5: Legal Arrangements

This section sets out:

• details of the order underpinning the placement
• information on who holds parental responsibility in respect of the Child and the extent of the Foster Carer(s)’ delegated authority
• the circumstances in which it is necessary to obtain in advance the approval of the Placing Fostering Authority for the Child to live, even temporarily, away from the Foster Carer’s home or for someone else temporarily to take care of the Child.

[Details to be completed for the individual placement.]

Section 6: Financial Arrangements

This section sets out the financial arrangements which are to exist between the Placing Authority and the Foster Carer(s) and the arrangements for the financial support of the Child during the ongoing foster placement, including:

• details of payments to be made to the Foster Carer(s)
• arrangements for meeting the costs of caring for the Child;
• reimbursement of agreed expenses.

[Details to be completed for the individual placement]

Section 7: Visits, Reviews and Contact Arrangements

This section sets out:

• arrangements for visits to the Child by the Placing Fostering Authority
• the requirements for the frequency of visits
• arrangements for reviews of the placement
• the requirements for frequency of reviews of the placement
• the arrangements for the Child to have contact with their parents, siblings and other persons.

Arrangements for visits and reviews should reflect the requirements of the Child’s home jurisdiction and the Child’s individual circumstances and should be kept under review.

Section 8: Training, Complaints and Safeguarding etc.

This section sets out:

• the support and training to be given to the Foster Carer(s)
• the procedure for the review of approval of the Foster Carer(s)
• the procedure for handling complaints against the Foster Carer(s)
• the Placing Fostering Authority’s arrangements for meeting any legal liabilities of the Foster Carer(s) arising by reason of the ongoing foster placement
• the procedure available to a Foster Carer who wishes to make representations to the Placing Fostering Authority.

Section 9: Duration and Review

This Agreement remains in force for the duration of the placement and will be kept under review. It may be amended by mutual agreement between the Parties.

Signatures

This agreement is confirmed by the following parties:

For the placing Fostering Authority

Name:

Role:

Signature:

Date:

Foster Carer(s)

Name(s):

Signature(s):

Date: