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

2. Purpose and Scope

This guidance document provides detailed information on the requirements in the Regulations. It is primarily for local authorities in England and Wales and Health and Social Care Trusts or Education Authorities in Northern Ireland (referred to as ‘placing authorities’ throughout this guidance document) which are involved in the placing of children into residential care homes and foster care in Scotland.

The Regulations apply to the temporary placement of children into residential care homes and foster care in Scotland where the placement is underpinned by a relevant order, as defined in regulation 2(1). This includes placements under care orders or interim care orders; supervision orders or interim supervision orders; and education supervision orders.

Placements into residential care homes which are underpinned by Deprivation of Liberty Orders and voluntary arrangements (as also defined in regulation 2(1)) are also covered by the Regulations.

Part 15 of the Regulations makes provision for the conversion of relevant orders into Scottish compulsory supervision orders where a child’s placement is intended to be permanent.

For clarity, the Regulations do not apply to all forms of cross-border placement. In particular, they do not apply to temporary cross-border placements into residential schools registered as school care accommodation services. The Regulations also do not apply to voluntary fostering placements, kinship placements, or to foster carers who reside in Scotland but are approved under fostering regulations in England, Wales or Northern Ireland.

Placements for the purposes of adoption are governed by separate legislation and associated statutory guidance, and are therefore not covered by these Regulations.