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.
4. Role of the Scottish local authority
The placing authority is responsible for ensuring it adheres to the duties set out in the Regulations for all cross-border placements into Scotland. The Regulations are clear that placing authorities have a duty to ensure that any order a child is subject to is complied with, and that they must provide or secure the provision of all services required to support the placed child whilst they are residing in Scotland. Placing authorities must also meet the costs arising from, or in consequence of, the child’s ongoing placement, other than the costs of Scottish advocacy provided in the residential care home context.
The Regulations do not however prejudice any relevant powers or duties of Scottish local authorities which could be invoked in relation to the child (for example, to provide appropriate services to safeguard and promote a child’s welfare under section 22 of the Children (Scotland) Act 1995), but the intention and expectation is that these will not need to be engaged..
It is the expectation of Scottish Ministers that the local authority which has placed the child in Scotland will timeously assess and address any concerns arising in relation to a placement. However, the Scottish local authority may also act as appropriate, particularly considering its own legal responsibilities. This might involve sending a social worker to visit the child or even arranging an emergency transfer for the child to another residential care setting, in line with regulation 12 of the Regulations.