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

Attendees and apologies

• Stacey Lindsay, Scottish Government
• Claire Grant, Scottish Government
• Rachael Wilson, Scottish Government
• Abby Knowles, Scottish Government
• Sonya Holmes, South Lanarkshire Council
• Jayne Brinded, Partners in Advocacy 
• John Mackie, East Lothian Council
• Gary Darroch, Phoenix Abbey
• Michael Scanlin, Rossie Young People's Trust 
• Jayne Miller, NHS Ayrshire and Arran
• Christine MacEachen, Care Visions
• Lesley Rodger, Greenleaf House 
• Lucy Mackie, Angus Independent Advocacy 
• Lizette Van Zyl, Moray Council
• Paula Raymond, East Ayrshire Council
• Charlotte Wilson, Care Inspectorate 
• Diane Henderson, Highland Council
• Angela Waddell, Partners in Advocacy 
• Kay McKerrell, Who Cares? Scotland 
• Margo Fyfe, Mental Welfare Commission for Scotland 
• Laura Doherty, NHS Ayrshire and Arran 
• Lorna Renwick, NHS Highland
• Amy Costley, Police Scotland
• Gareth Henderson, Police Scotland
• Jennifer Gage, Our Promise Scotland
• Gavin Calder, Harmeny Education Trust 
• Karen McGuigan, NHS Lanarkshire
• Juliet Henderson, Police Scotland

Apologies:

• Sharon Telfer, Care Inspectorate 
• Colin Bruce, Clackmannanshire Council
• Katy Nisbet, Clan Childlaw 
• Neill Clark, East Ayrshire Advocacy Services 
• Tracie Mcewan, Education Scotland
• Steven McPherson, Education Scotland
• Frances Edwards, Family Rights Group 
• Pauline Kuhl, Horizons Residential Care 
• Jan Grieve, NHS Borders 
• Eleanor Kerr, NHS Borders
• Carrie McCulloch, NHS Lanarkshire
• Andrea Morrison, Our Promise Scotland
• Eleni Mangina, Our Promise Scotland 
• Jillian McFadyen, Partners in Advocacy 
• Kerry Kinnes, Pebbles Care 
• Peter Summers, Pebbles Care 
• Neil McKenzie, Police Scotland
• Lesley Mollison, Rossie Young People's Trust 
• Rhian Croke, Children's Legal Centre Wales 
• Amanda Hatton, Edinburgh Council
• Rosemary Robertson, NHS Ayrshire and Arran 
• Gail Nowek, North Ayrshire Council
• Gordon Todd, Police Scotland 
• Lindsay Morris, North Ayrshire Council
• Gary Greenshields, Moore House

Items and actions

1. Purpose of the Meeting    

This was the second meeting of the SLWG. It focused on developing guidance for the proposed new notice and undertaking process for all cross-border placements into residential care in Scotland.

2. Agenda Items & Discussion

Item 1: Welcome

The chair welcomed all attendees.

Item 2: Notice & Undertaking Discussion

Sottish Government (SG) provided an overview of the current notice and undertaking process for Deprivation of Liberty (DOL) order placements and confirmed that the accompanying guidance will be used as the foundation for developing guidance for all cross-border placements. 

Policy proposals for the notice and undertaking provisions were shared with the group in advance. It included the level of information proposed to be shared and parties to be notified.  SG emphasised the need for the information to remain proportionate and appropriate. SG noted that the proposals were developed following extensive engagement with stakeholders, including those currently involved in the notice and undertaking process for DOL orders, and the Information Commissioner’s Office. 

Ahead of the meeting, SG circulated a set of questions to guide discussion. These included:
Thinking about section 6 of the current Cross-Border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022: practice guidance, notice and undertaking template – 

• is this helpful?
• is there enough detail in terms of what is needed in relation to the notice and undertaking?
• is there anything that is missing or could be clearer?

Thinking about the notified parties as set out in the draft proposals paper we have shared, specifically in relation to notifications to health boards and directors of education, is there any universal/central point of contact that could be helpfully used here to ensure consistency in notification to these parties? 

The chair welcomed discussion from the group on these points. 

It was suggested that the new guidance should clearly set out the contact details for each of the notified parties. However, SG noted the challenge associated with this as some parties do not have universal roles across the country (i.e. Directors of Education) or have publicly available mailboxes. The group noted that it would be helpful to establish a designated mailbox for each notified party to support the notification process.  
The group queried pre-placement requirements. SG advised that the pre-placement requirements will be covered within a section 104 order rather than in the Scottish regulations. The timing for the s104 order is still to be confirmed. Although SG confirmed that pre-placement requirements can still be outlined in the accompanying guidance and will be covered at a future meeting of this SLWG. 
The group agreed that the guidance should be accessible and as user friendly as possible.

Item 3: AOB

The group asked for clarity on recharging requirements. SG provided an overview of what is set out in the existing regulations for DOL order placements and feedback gathered so far from stakeholders on this process. SG explained engagement is ongoing with UKG, Wales and NI but the intention is for this process to be set out in guidance. SG asked the group to share any experience they have in relation to recovering costs for cross-border placements, particularly in relation to health, education, and social care.

The group were made aware of a DOL case study currently underway by NHS Ayrshire and Arran, and it was agreed that it would be useful to discuss the learnings from this at a future meeting. 

Action(s)

• NHS Ayrshire and Arran to share learning from the DOL case study
• SG to draft notice and undertaking section of the guidance and will circulate this before the next meeting.

3. Next Meeting

Date & Time: 21 August 2025 11:00 – 12:00 
Location: MS Teams