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

5. Changes to Placement

Change of legal basis of placement

If legal basis of a child or young person’s temporary placement changes while in Scotland in both the residential and fostering context - for example, if an interim order becomes a full care order - the Regulations provide for the new order to have effect as if it were a compulsory supervision order for up to three working days (beginning on the day that the new order is made).

For residential and foster care placements, for the new order to continue to have such effect after that period, the placing authority must update the notice it has previously given. This must then be submitted to the relevant parties as set out in section 3.4 (residential) and 3.5 (fostering).

See section 3.7 of this guidance for additional requirements for Deprivation of Liberty Orders.

Child becomes subject to a Compulsory Supervision Order (CSO) or Interim CSO

If a child or young person temporarily placed into a residential care home or with a foster carer in Scotland becomes subject to a CSO or an interim CSO, the effect given to any non-Scottish order under the Regulations is extinguished (see Part 14 of the Regulations).

Change of location

The Regulations require certain conditions to be met when a placement location changes within Scotland. A placing authority may move a child within Scotland including:

• From an existing residential placement to another residential service in Scotland
• From an existing fostering placement to another fostering placement within Scotland
• From a fostering placement to a residential placement
• From a residential placement to a fostering placement

Move from an existing residential placement to another residential service in Scotland

For placements into a new residential care home, a visit to the child must take place within one week of the child’s move. Where the child moves from one residential care setting to another, the placing local authority must update and re-circulate its previous notice and submit a copy of the undertaking it has previously given to any person mentioned in section 3.4 of this guidance who has changed by virtue of the new placement location. For example, where a child is moved from a residential care setting in Glasgow to a setting in Paisley, the placing authority must submit a copy of the undertaking to the registered manager of the new setting, and the chief social work officer and chief education officer of Renfrewshire Council.

Move from an existing fostering placement to a new address or another fostering placement within Scotland

Any proposed change of the foster carer’s address must be notified to the placing fostering authority and receiving fostering authority under the terms of the fostering agreement mentioned in section 3.5 of this guidance. The placing fostering authority must assess the suitability of the proposed new placement location in advance of any move in the same way as it would for a new placement, having regard to the requirements set out in sections 3.4 to 3.6 of this guidance, update information in the notice it has previously given as appropriate and re-circulate this to ensure that relevant Scottish parties are aware.

In cases where a child is to be placed with a new foster carer, a new agreement is required between them and the placing authority to ensure clarity around the new arrangements and that the new carer has all the information they need to care for the child.

Move from a fostering placement to a residential placement

If a child or young person is to be moved from their foster placement to live in a residential care home during their time in Scotland, either whilst subject to an existing or new legal order, the placing authority must:

• Ensure the care home is registered with the Care Inspectorate as per section 3.3
• Assess suitability of the placement, including a visit to the service in advance of placement (except in an emergency) as set out in section 3.1
• Complete a notice and undertaking and share with the notified parties as set out in section 3.4

If there has been a change to the legal order relating to the placement, the new order will have effect under the Regulations as if it were a CSO for a period of 3 working days from the date the order was made, provided that steps 1 and 2 above have been followed. This will allow the placing authority a short window of time to ensure that the relevant paperwork in step 3 has been completed.

Where a child is subject to a DoL order, that order must be reviewed at least every three months in the child’s home jurisdiction to continue to have legal effect under the Regulations.

Where a child is moved from a fostering to a residential care home placement, the placing authority must:

• Visit the child within one week of placement start date, as set out in section 3.8
• Undertake a review of the placement within one month of the child being moved, as per section 3.7

Move from a residential care home placement to a fostering placement

If a child or young person is to be moved from their placement in a residential care home to live with a foster carer during their time in Scotland, either under an existing or new legal order, the placing authority must:

• Assess suitability of the placement, including a visit to the address where it is proposed the child will reside (except in an emergency), as set out in section 3.1
• Complete a notice and share with the notified parties as set out in section 3.5
• Complete the fostering agreement as set out in section 3.10

If there has been a change to the legal order underpinning the placement, the new order will have effect under the Regulations as if it were a CSO for a period of 3 working days from the date the order was made, provided that step 1 above has been followed. This allows the placing authority a short window of time to ensure that the relevant paperwork in steps 2 and 3 has been completed.

Emergency transfers (residential placements)

In the case of an emergency where a child needs to be moved from their placement as a matter of urgency, the Chief Social Work Officer (CSWO) of the Scottish local authority may transfer them to a placement in another registered residential care service, despite the terms of any order requiring that the child reside in a specified setting. In doing so, the CSWO must inform the placing local authority as soon as reasonably practicable to ensure that they are aware of any move and of the child’s location.

Where an order specifies that the child must reside in a particular setting which is no longer appropriate, the placing authority must arrange for the order to be reviewed by the relevant court in the child’s home jurisdiction. To allow the placing authority to do this, the order retains its legal effect under the Regulations for a period of 14 days beginning with the date of transfer of the child to a new residential care home, or where earlier, the end of the day on which any review of a DoL order is undertaken in accordance with regulation 6 or 31.