Residential Care Cross-Border Regulations Guidance Working Group minutes: December 2025

Attendees and apologies

• Stacey-ann Lindsay, Scottish Government
• Claire Grant, Scottish Government
• Rachael Wilson, Scottish Government
• Sheree McAlpine, Scottish Government
• Louisa Brown, Scottish Government
• Jayne Miller, NHS Ayrshire and Arran
• Gary Darroch, Phoenix Abbey
• Laura Doherty, NHS Ayrshire and Arran
• Matt Harrison, National Association of Fostering Providers
• Lesley Rodger, Greenleaf House
• Andrea Morrison, Our Promise Scotland
• Eleanor Kerr, Health Improvement Scotland
• Amy Costley, Police Scotland
• Paula Raymond, East Ayrshire Council
• Karen McGuigan, NHS Lanarkshire
• Tracie Mcewan, Education Scotland
• Gareth Henderson, Police Scotland
• Gary Greenshields, Moore House Group
• Frances Edwards, Family Rights Group
• Jennifer Gage, Our Promise Scotland
• Dianne Henderson, Highland Council
• Katy Nisbet, Clan Childlaw

Apologies:

• Kirsty-Louise McNally, Barnardos
• Harvey Gallagher, National Association of Fostering Providers
• Abby Knowles, Scottish Government
• Charlotte Wilson, Care Inspectorate
• Sharon Telfer, Care Inspectorate
• Christine MacEachen, Care Visions
• Neill Clark, East Ayrshire Advocacy Services
• John Mackie, East Lothian Council
• Steven McPherson, Education Scotland
• Gavin Calder, Harmeny
• Pauline Kuhl, Horizons Residential
• Lizette VanZyl, Moray Council
• Jan Grieve, NHS Scotland
• Carrie McCulloch, NHS Lanarkshire
• Eleni Mangina, Our Promise Scotland
• Angela Waddell, Partners in Advocacy
• Jillian McFadyen, Partners in Advocacy
• Jayne Brinded, Partners in Advocacy
• Kerry Kinnes, Pebbles Care
• Peter Summers, Pebbles Care
• Neil McKenzie, Police Scotland
• Juliet Henderson, Police Scotland
• Lesley Mollison, Rossie
• Sonya Holmes, South Lanarkshire Council
• Rhian Croke, Children’s Legal Centre Wales
• Kay McKerrell, Who Cares? Scotland
• Amanda Hatton, Edinburgh Council
• Margo Fyfe, Mental Welfare Commission Scotland
• Michael Scanlin, Rossie
• Rosemary Robertson, NHS Ayrshire and Arran
• Gordon Todd, Police Scotland
• Lindsay Morris, North Ayrshire Council
• Lorna Renwick, Highland Council
• Ross Gibson, Children and Young People’s Centre for Justice
• Patrick Gannon, Falkland House School

Items and actions

1. Purpose of the Meeting

The purpose of the meeting was to review and discuss the guidance shared with the group, which is now close to being finalised for residential placements. The guidance for fostering placements remains in development and will require further work.

2. Agenda Items & Discussion

Item 1: Welcome and introductions

The chair welcomed all attendees.

Item 2: Update on the regulations and next steps

The chair noted that the Regulations were laid in draft before Parliament on 25 November and explained that they will now be subject to parliamentary scrutiny. The chair further advised that, if approved, the Regulations will come into effect on 9 February 2026, and the accompanying guidance published at the same time.

Item 3: Revision of updated draft guidance

The chair noted that the draft guidance had been updated following the previous meeting and invited the group to provide their views, particularly regarding accessibility, clarity and any potential gaps.

The group asked whether the guidance applied to unaccompanied asylum-seeking children (UASC) and, if not, whether the Regulations made this explicit. The chair clarified that neither the Regulations nor the guidance extend to UASC, as they apply to temporary placements into residential and foster care. UASC are supported through the National Transfer Scheme and its associated guidance.  

Matt Harrison (MH) asked whether the omission of the fostering service from the fostering agreement was intentional and requested a follow up discussion to explore this further, noting that they would have preferred to see it included. Sheree McAlpine (SM) explained that, as the Regulations have already been laid, no amendments can be made. However, SM explained the guidance will set out the role of the fostering service as part of the agreement.  

Action

• SM to meet MH to discuss the provisions in relation to the fostering agreement and consider what additional details can be incorporated into the guidance to ensure fostering services are appropriately reflected.

The group agreed that the draft guidance is accessible, clear, and easy to follow from a Scottish stakeholder perspective. However, it was suggested that the guidance should also be tested with placing authorities and the stakeholders for whom it is primarily intended.

The chair noted that the guidance has been developed in close collaboration with counterparts across other UK nations and that the draft has already been shared with them for feedback. The chair also highlighted the awareness-raising sessions planned for early next year, should the Regulations be approved, which will provide an opportunity to discuss the Regulations and guidance in detail with stakeholders in preparation for implementation.

Katy Nisbet (KN) asked what would happen if placing authorities failed to comply with the conditions set out in the Regulations, and whether there was any legislation within the placing authority’s jurisdiction that defined their duties in such circumstances.

The chair explained that the Regulations require placing authorities to meet the specified conditions, and failure to do so could result in the placement not being legally recognised in Scotland, triggering the enforcement process. The chair also noted that the UK nations are exploring a Section 104 order, which will play a key role in ensuring that we can enforce pre-placement requirements in Scotland. It will supplement provision made in Scottish Regulations in relation to what happens when the child has been placed in Scotland. The section 104 order will be subject to UK Parliamentary procedures and officials are working with UKG and the Scotland Office to agree a timeframe for this.

Frances Edwards (FE) asked whether the guidance could include information on who holds parental responsibility for children in these placements, and whether it could more clearly outline the UNCRC requirements.

The chair explained that work has already been undertaken to understand where parental responsibility sits for each type of placement and committed to considering how this could be reflected in the guidance.

Action

• SG to consider including information on parental responsibility and UNCRC requirements in the guidance

Item 4: Next steps           

The chair noted that the guidance will be updated to reflect the points raised during the meeting and confirmed that the group will be contacted again soon with details of the upcoming awareness-raising sessions, as well as information on the planned review point once the Regulations are in force.

Action

• Members to let us know if they would be interested in supporting a review of the Regulations (if approved) following a year of implementation