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.
8. Enforcement
The Scottish Government expects that any issues in relation to cross-border placements should be able to be resolved promptly and informally through engagement with the relevant placing authority, as detailed in steps 1 – 3 in section 9 below. The Regulations do, however, provide the Scottish Ministers with the power to apply to a sheriff for an enforcement order if a placing authority does not comply with certain duties. In particular, matters may be escalated to a sheriff where authorities placing children into residential care homes and foster care in Scotland do not –
- Comply with any conditions or requirements imposed on them by an order having effect under the Regulations
- Investigate from time to time whether any conditions or requirements imposed under such an order are being complied with and take such steps as are considered reasonable where they are not
The court enforcement process in Part 12 of the Regulations may also be invoked where an authority which has placed a child into a residential care home does not-
- Ensure regular visits are made to the child in accordance with regulation 15
- Comply with the requirements for periodic or mandatory ongoing residential placement reviews set out in regulation 16 and 18