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

3. Placement requirements

3.1 Assessment of placement suitability

Placing authorities should seek a placement, in the first instance, in the child’s country of residence.

Where it is in the child’s best interests to be placed in Scotland, consultation should take place with the relevant Scottish local authority and service providers to assess whether the proposed placement in Scotland can meet the child’s needs.

Where a temporary placement is to be made into a residential care home or foster care, the placing local authority or fostering authority must assess in advance of the placement that the proposed setting and care home service/foster carer(s) are suitable to meet the child’s needs and record the reasons for the assessment. The assessment must be recorded in writing and include a visit to the relevant residential care setting or the foster carer’s home address where the child will reside for the duration of their placement.

Given that some placements are emergency in nature - it is recognised that a visit in advance of the placement may not always be possible. To ensure that the placing local or fostering authority has still considered the suitability of the placement in such cases, an assessment of suitability must be undertaken in consultation with the relevant care home or fostering service manager and recorded in writing.

For emergency fostering placements, the placing authority must also make arrangements to visit the child within five working days of the placement start date.

For all cross-border residential placements, as is set out in 3.9 of this guidance, a visit is required within one week of the placement starting.

Emergency situations

For the purposes of this guidance, emergency placement situations might include where:

• A child has to be removed from their current home or placement immediately and placed in an appropriate setting for a short time until a plan can be put in place for their long-term care. For example, a child may need to be removed from their home immediately for their safety or they may be unable to continue living with a foster carer who requires urgent medical attention.
• A child has urgent medical needs that only a foster or residential placement in Scotland can support, given the training, support and facilities which can be put in place in Scotland to care for that child.

3.2 Children’s rights

When seeking placements in Scotland, we expect the placing authority to fully consider and uphold the child’s rights under the European Convention on Human Rights (ECHR) and the United Nations Convention on the Rights of the Child (UNCRC).

Placing authorities should be mindful in particular of the duties in section 6(1) of the Human Rights Act 1998 and section 6(1) of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024.

A Children’s Rights and Wellbeing Impact Assessment was published when the Regulations were laid in draft before Parliament. This assesses the impact of the Regulations on children’s rights.

3.3 Scrutiny and registration

Children’s residential care home services and fostering services in Scotland must be registered with the Care Inspectorate and are inspected to ensure that they are providing quality care and that they meet the Health and Social Care national standards.

Any residential care home setting in which a child is to be placed in Scotland whilst on a cross-border placement must be managed by a Care Inspectorate registered care home service.

Any foster carer that a child is to be placed with must have been approved as a foster carer under the Looked After Children (Scotland) Regulations 2009.

Placing authorities should undertake due diligence checks in relation to scrutiny and registration of a prospective residential and fostering provision in Scotland prior to any placement.

This should include a review of the prospective placement provider’s most recent regulatory inspection information alongside its statement of functions and objectives. Inspection reports can be found on the Care Inspectorate website here: Inspection Reports (careinspectorate.com).

3.4 Notice and undertaking (residential placements)

In advance of a child being placed into a residential care home in Scotland, the placing authority must provide a copy of a Notice and Undertaking (see Annex A) to the following parties (see Annex C for contact details):

• The Health Board which provides health services in the receiving local authority area
• The registered manager of the residential care setting
• 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 Care Inspectorate’)
• The Chief Constable of Police Scotland

The information required in the Notice is set out in the template in Annex A and is also listed here for reference:

• The name of the child to be subject to an ongoing 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 where the child is to be subject to an ongoing residential placement-
  • the name of the setting
  • the address of the setting
• In respect of the manager of the relevant residential care setting, their-
  • name
  • contact telephone number, and
  • email address
• In respect of the child’s general practitioner (GP), their-
  • name
  • postal address
• The circumstances giving rise to an ongoing residential placement for the child
• Proposed educational arrangements for the child
• The legal authorisation for placement of the child in the relevant residential care setting under the law of England and Wales, or Northern Ireland
• The time that any order:
  • comes into effect
  • is due to be reviewed, and
  • expires (if not subsequently extended)
• The proposed date of entry to the residential care setting.

The notice and undertaking (Annex A) should be completed and signed by an authorised representative of the placing authority. As part of this, the placing authority is required to give in writing an undertaking which recognises its role and duties in respect of the child being placed into residential care in Scotland. The undertaking remains in place for the duration of the placement of the child.

The content of the undertaking is set out in the template and sets out that the placing local authority will:

• Provide or secure the provision of all services required to support the child,
• Meet all the costs arising from the child's placement, other than the costs of advocacy provided to the child (see section 3.11 for advocacy), and
• Comply with duties imposed on it under the Regulations.

The placing authority should seek agreement with the Scottish local authority or Health Board in advance of the placement where possible. It will be for the Scottish local authority or Health Board to determine what costs they wish to recharge.

3.5 Notice (foster placements)

In advance of a child being placed into foster care in Scotland, the placing authority must provide a copy of a notice (see Annex B) to the following parties (see Annex C for contact details):

• The Health Board which provides health services in the receiving local authority area
• 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 Care Inspectorate’)
• The Chief Constable of Police Scotland

The information required is set out in the template in Annex B and is also listed here for reference:

• The name of the child to be subject to an ongoing foster placement
• Where applicable, the child’s preferred name
• The date of birth of the child
• The name of the placing local authority
• The name of the receiving local authority
• The name of the fostering service manager (from the fostering service in Which the foster carer is approved by)
• Confirmation that an agreement has been entered into between the placing authority and the foster carer
• In respect of the child’s social worker within the placing local authority, their-
  • name
  • contact telephone number
  • email address, and
  • postal address
• In respect of the child’s general practitioner (GP), their-
  • name
  • postal address
• The circumstances giving rise to an ongoing foster placement for the child
• The proposed date on which the child will be placed with the foster carer
• Proposed educational arrangements for the child
• The legal authorisation for placement under the law of England and Wales, or Northern Ireland
• The time that the order:
  • comes into effect
  • is due to be reviewed, and
  • expires (if not subsequently extended)

The placing authority are responsible for all costs in relation to the placement. This includes providing or securing any services required to support the child. Support may be arranged as the placing authority sees fit and through separate agreements, but the placing authority should outline all the support and services to be afforded to the child in its fostering agreement (see section 3.12).

The placing authority may agree to pay the relevant Scottish fostering service for the duration of the child’s placement to cover the costs of the foster carer and any other costs required from the fostering service.

3.6 Multi-agency discussions

Cross-border placements into Scotland will require effective planning, engagement and information-sharing between the services which will be responsible for meeting the child's needs. Consultation with the relevant Scottish local authority and service providers should be undertaken in good time to enable a thorough assessment to be made about how the proposed placement in Scotland best meets the child’s needs.

It is critical when assessing the suitability of a cross-border placement into a residential care home or foster care in Scotland that consideration be given to the arrangements which will need to be put in place to enable the child to access key services, such as educational provision and primary and secondary health care.

The placing authority should initiate multi-agency discussion with the relevant Scottish partners in respect of access to and recharging arrangements for services in health, education, social work and any other required specialist services. Any services to be provided to the child should be appropriate and tailored to their needs and delivered in a way which respects and fulfils their rights.

The child’s wishes and feelings, and where appropriate those of their parents or carer, should also be considered throughout the multi-agency discussion process, and the outcome of any discussion should be fed back to the child.

The child’s family should also be informed that the multi-agency discussion is taking place and the outcome of this where appropriate.

The multi-agency discussion should take place prior to placement, or as soon as possible (ideally within 72 hours of the placement start date) in cases of emergency placements where it has not been possible to convene the discussion in advance. For fostering placements, arrangements for the multi-agency discussion may, where appropriate, be captured in the fostering agreement.

In addition to the information provided as part of the notice and undertaking for residential placements (as set out in section 3.4) or the notice for fostering placements (see section 3.5), the multi-agency discussion provides an opportunity to share further information about the child as appropriate, including, for example:

• A copy of the child’s care plan
• The child’s previous care experience
• Information about the child’s family and proposals for continuation of existing relationships, where appropriate. This should include clarity on who has parental rights and responsibilities for the child.
• Specific education support requirements
• Medical history
• Anticipated length of placement

The multi-agency discussion should involve all the relevant parties who are or will be involved in the child’s care. This may include, but is not limited to, the following –

• The child’s social worker
• The Independent Reviewing Officer (IRO)
• The service manager of the residential children’s home or the relevant fostering service manager
• Health and education contacts from both the placing and Scottish local authority area
• Police Scotland (where appropriate – for example, if there are concerns in relation to conflict with the law or Child Sexual Exploitation (CSE))

3.7 Review periods (residential placements)

The Regulations make provision in relation to reviews of temporary placements of children into residential care homes.

Frequency of reviews

Every placement must be reviewed within the first month of placement, a second review must take place within three months of the first review and all subsequent reviews must take place at least every six months thereafter. This broadly aligns with requirements in relation to reviews in England, Wales and Northern Ireland^[1].

The specified frequency of reviews is a minimum standard. A review should take place as often as the circumstances of the individual case require.

The placing authority must undertake a review as soon as possible and before the time periods as set out above in certain circumstances, including if there are concerns that the child is at risk of harm or they are persistently absent from the care setting where they have been placed. The Regulations also require a review of a residential placement if, following a visit, the placing local authority assesses that the welfare of a child is not adequately safeguarded and promoted by the placement.

Where a mandatory review is undertaken, this is to be taken into account in determining when the next review falls.

The child’s family and the child themselves should be consulted about additional reviews.

Who should be involved in the review

In undertaking a review, the placing authority must inform those involved in the child’s care in Scotland (including notified parties as set out in section 3.4 – notice and undertaking, with the exception of Scottish Ministers and the Care Inspectorate) giving them at least 10 working days’ notice that a review is taking place. They should be advised of the date and time of the review and how to attend should they wish to contribute and participate.

Provided that the requirements of the Regulations are met (including notification and involvement of the relevant Scottish parties), this review may be undertaken at the same time as any review required under care planning legislation in England, Wales or Northern Ireland^[2].

The review itself must be undertaken and chaired by an officer of the placing local authority, who must ensure that the people responsible for implementing decisions taken in consequence of the review are identified. The officer of the placing authority must also ensure that where there is a failure to review the case in accordance with the Regulations or to take proper steps to implement review decisions, that these are brought to the attention of an officer at an appropriate level of seniority within the placing local authority.

Who can request a review

A review can be requested in writing by any of the following:

• Any of the notified parties as set out at section 3.4
• The placed child
• Any person with an interest in the placed child’s welfare

A request to review a child’s placement can be made at any point and it is for the placing authority to determine how to respond to this request.

The placing authority must respond to any request within 7 days and in doing so, can agree to carry out a placement review as soon as reasonably practicable. If it deems that it would not be justified to carry out the requested review in advance of the next scheduled review, then it must provide the person who made the request with written reasons as to why it has made this assessment.

If the placing authority agrees to undertake a review at an earlier stage, this is to be taken into consideration in determining when the next review is due to take place.

What should be considered during a review

As set out in schedule 2 of the Regulations, the following must be considered when undertaking a review of an ongoing placement in a residential care home:

• The effect of any change in the child’s circumstances since the last review.
• Whether the information in the notice requires to be updated and provided to the notified parties as set out at section 3.4.
• Whether decisions taken at the last review have been successfully implemented, and if not, the reasons for that.
• Whether the placing local authority should seek any change in the legal basis for the child’s ongoing residential placement.
• The arrangements for contact between the child, any person with parental rights or parental responsibilities in respect of them and any siblings, and whether there is any need for changes to the arrangements in order to promote such contact.
• Whether the child’s placement continues to be suitable to meet the child’s needs.
• Whether any change to the placement or any other aspects of the arrangements made to provide the child with accommodation is, or is likely to become, necessary or desirable before the next review of the child’s placement.
• Whether the child’s placement safeguards and promotes the child’s welfare and upholds their rights.
• Whether any safeguarding concerns have been raised in relation to the child.
• The child’s educational needs, progress and development and whether any change to the arrangements for the child’s education or training is, or is likely to become, necessary or desirable to meet their particular needs and to promote their educational achievement before the next review of the placement.
• The child’s leisure interests.
• The child’s state of health and whether any change to the arrangements for the child’s health care is, or is likely to become, necessary or desirable before the next review of the placement.
• Whether the child’s needs related to their identity are being met and whether any particular change is required, having regard to the child’s religious persuasion, racial origin and cultural background.
• Whether any arrangements need to be made to prepare for ending the placement.
• The child’s wishes and feelings about any aspect of their placement.

Deprivation of Liberty Orders (DoL orders)

In addition to what is set out above, DoL orders will also require a court review at least every three months to maintain legal recognition in Scotland. This should be considered when seeking approval from the courts to place a child on a DoL order into Scotland or when a child becomes subject to a DoL order during their time in Scotland. If such a review is not undertaken, this could have the consequence that there is no longer a continuing lawful basis for the deprivation of the child’s liberty in Scotland.

3.8 Review periods (foster placements)

For fostering placements, arrangements for reviews of a placement should be agreed in the fostering agreement between the placing authority and the foster carer(s) and take place in line with the requirements in the child’s home jurisdiction^[3], including the frequency of such reviews, in line with the requirements of Schedule 3 to the Regulations.

Reviews must take place in accordance with the statutory requirements of the child’s home jurisdiction. Placing authorities are responsible for ensuring that review arrangements reflect those requirements and the child’s individual circumstances.

The fostering agreement may record agreed review arrangements, including anticipated review intervals, and should be kept under review where a child’s needs or circumstances change.

3.9 Visits (residential placements)

Frequency of visits

As noted at section 3.1, the Regulations require a visit to take place in advance of a placement (unless an emergency placement is being made). For placements into residential care homes, the Regulations require a visit to the child within one week of the start date of a new placement in Scotland and any residential placement move within Scotland to ensure they have settled in the new home and that the placement is appropriate for that child. Visits will then be required at least once every six weeks insofar as reasonably practicable to ensure the placement continues to meet the child’s needs.

Where a 6-weekly visit is not possible, the reasons for this must be recorded in writing and a visit arranged as soon as possible.

If the service is issued with an improvement notice

A visit is mandatory within one week of the placing local authority being made aware that the Care Inspectorate has issued an improvement notice in respect of the care home service where a child is being accommodated. This will ensure that the placing local authority checks on the child’s welfare and can re-assess the suitability of the placement, as appropriate.

The Care Inspectorate will send a copy of the improvement notice to the placing authority where they are aware of a cross-border placement in the service. In addition, the Care Inspectorate requires the service to notify the placing authority if they have been issued with an improvement notice.

Requests for visits

A visit can be requested by the child, anyone with parental rights and responsibilities in respect of them, or the registered manager of the residential care home service. The request must be considered by the placing authority and accepted where it is reasonably made. This helps ensure the voices of children and those who care for them are given due consideration throughout the duration of a placement.

3.10 Visits (foster placements)

Visits for cross-border fostering placements should take place in line with the requirements in the child’s home jurisdiction^[4]. Placing authorities are responsible for ensuring that visit arrangements reflect those requirements and the child’s individual circumstances.

In line with Schedule 3 to the Regulations, the fostering agreement must set out the arrangements for visits to the child by the placing authority, including the frequency of such visits.

The fostering agreement should be kept under review where a child’s needs or circumstances change.

A child, foster carer or fostering service may request a visit at any time.

3.11 Advocacy

The Regulations require Scottish Ministers to offer independent advocacy for all children subject to cross-border placements into residential care home services in Scotland, unless, taking into account the age and maturity of the child, they do not consider it would be appropriate to do so. This advocacy provision will operate as an extension to the existing national children’s hearings advocacy scheme Home - Hearings Advocacy.

For foster cross-border placements, advocacy can be sourced and funded by the placing authority. This should be outlined in the fostering agreement – see section 3.12 below.

Once the placing authority has notified Scottish Ministers of the intention to place a child on a cross-border placement into a Scottish residential care home setting, the Scottish Government’s Residential Care Unit, on behalf of Scottish Ministers, will contact the person in charge of the residential care setting to offer independent advocacy for the child as soon as reasonably practicable, and ideally within three days of the child moving to the residential placement. The Scottish Government’s Residential Care Unit will notify the placing authority of the name of the advocacy organisation who will be making the Scottish advocacy offer to the child. This process will be followed again should the child move from one residential setting in Scotland to another, or from a cross-border fostering placement in Scotland to a residential placement in Scotland.

If the child agrees to being provided with advocacy support, the advocacy worker will make arrangements to meet with the child to begin the relationship building. The child can choose to start and stop the advocacy support at any time.

The Scottish advocacy offer is not a one-time offer. Contact details will be left with the child to allow them to request advocacy support at any time during their placement.

3.12 Fostering agreement

The Regulations set out a requirement for a fostering agreement to be in place as between the placing authority and the foster carer(s). This is the minimum statutory requirement. However, in practice, the Scottish fostering service should also be involved in fostering arrangements and should be involved in agreements.

The fostering agreement required under these Regulations is intended to set out the matters listed in Schedule 3 in relation to an individual child’s placement. It does not replace, amend or supersede wider contractual arrangements, including Individual Placement Agreements or contracts between placing authorities and fostering services, which may continue to operate alongside it.

The fostering agreement must cover the matters set out in Schedule 3 of the Regulations and any other matters or obligations that the placing authority considers appropriate. Schedule 3 sets out requirements relating to, among other things, support and training, financial arrangements, complaints and representations, confidentiality, visit and review arrangements, and contact with family members. It must also include a requirement for a statement to be issued to the foster carer(s) and the fostering service by the placing authority containing all the information which it considers necessary to enable the foster carer to care for the child, particularly information about:

• The objectives of the placement
• Any care plan 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 need for health care and surveillance, and the name of the child’s general practitioner
• The child’s educational needs
• Contact arrangements for the child and family
• Parental rights and responsibilities (PRR) arrangements

This statement should be provided to the foster carer(s) and fostering service either prior to the child’s placement or, where this is not possible, within three working days, beginning with the date of the placement.

Detailed information about the matters to be covered under Schedule 3, and an illustrative template fostering agreement, are included in Annex E of this document.

3.13 Duties of placing authority where child placed with Scottish foster carer(s)

Where a child is placed with a foster carer in Scotland, the placing authority must -

• Comply with any conditions or requirements imposed on it by an order which has effect under the Regulations
• 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 all services required to support the placed child
• Meet the costs arising from, or in consequence of, the child’s placement
• Undertake visits and ongoing foster placement reviews in accordance with its written agreement with the foster carer(s).

An illustrative template of a fostering agreement has been provided at Annex E of this document.