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

Attendees and apologies

• Stacey Lindsay, Scottish Government
• Claire Grant, Scottish Government
• Rachael Wilson, Scottish Government
• Laura Doherty, NHS Ayrshire and Arran
• Gareth Henderson, Police Scotland
• Karen McGuigan, NHS Lanarkshire
• Jayne Brinded, Partners in Advocacy
• Lesley Rodger, Greenleaf House
• Katy Nisbet, Clan Childlaw
• Colin Bruce, Clackmannanshire Council
• Michael Scanlin, Rossie Young People’s Trust
• Paula Raymond, East Ayrshire Council
• Charlotte Wilson, Care Inspectorate
• Gail Nowek, North Ayrshire Council
• Kerry Kinnes, Pebbles Care
• Jayne Miller, NHS Ayrshire and Arran
• Gary Darroch, Phoenix Abbey
• Gavin Calder, Harmeny Education Trust
• Gordon Todd, Police Scotland
• Gary Greenshields, Moore House Care and Education
• Frances Edwards, Family Rights Group
• Dianne Henderson, Highland Council
• Christine MacEachen, Care Visions
• John Mackie, East Lothian Council
• Jan Grieve, NHS Borders
• Pauline Kuhl, Horizons Residential Care
• Tracie Mcewan, Education Scotland
• Jane Park, Highland Council
• Jennifer Gage, Our Promise Scotland
• Andrea Morrison, Our Promise Scotland

Apologies 

• Abby Knowles, Scottish Government
• Lucy Mackie, Angus Independent Advocacy
• Sharon Telfer, Care Inspectorate
• Neill Clark, East Ayrshire Advocacy Services
• Steven McPherson, Education Scotland
• Lizette VanZyl, Moray Council
• Eleanor Kerr, Health Improvement Scotland
• Carrie McCulloch, NHS Lanarkshire
• Andrew McClelland, North Ayrshire Council
• Eleni Mangina, Our Promise Scotland
• Angela Waddell, Partners in Advocacy
• Peter Summers, Pebbles Care
• Sonya Holmes, South Lanarkshire Council
• Rhian Croke, Children’s Legal Centre Wales
• Kay McKerrell, Who Cares? Scotland
• Rosemary Robertson, NHS Ayrshire and Arran

Items and actions

Purpose of the Meeting

The meeting was held to facilitate introductions, clarify the purpose of the working group, review and agree the draft Terms of Reference (ToR) and discuss key issues to be addressed.

Agenda Items & Discussion

Item 1: Welcome and introductions

The chair welcomed all attendees and invited each participant to introduce themselves by stating their name, organisation and interest in the working group.

Item 2: Review and agreement of Terms of Reference

The group reviewed the draft ToR, which had been circulated in advance of the meeting. The group agreed it should more explicitly reflect the importance of incorporating the voices of children and young people in the development of the guidance. It was also agreed that the ToR includes the intended publication date and intended coming into force date for the regulations (3 February 2026). It was also suggested that the group could have a role in supporting dissemination of the guidance and raising awareness when the new regulations come into effect. 

It was clarified at the meeting that there would not be statutory guidance. This guidance is practice guidance, intended to supplement the regulations. 
Action(s): 
•    Scottish Government to update draft ToR and share with group ahead of next meeting 

Item 3: Guidance - key issues and priorities

The group held an initial discussion on the key issues that should be addressed within the guidance. Draft, high level, policy proposals had been circulated in advance to support this discussion. 

Members sought clarity on when draft regulations would be available and how orders would be recognised. It was agreed that further details were needed to ensure the guidance is practical and meaningful for practitioners. The Scottish Government committed to sharing additional information as soon as it becomes available. 

Scottish Government provided an overview of the section 104 order that will aim to bolster existing pre-placement requirements. It was noted that this will follow some time after the Scottish regulations, but it will not prevent pre-placement requirements being covered in the guidance. 

The group raised concerns about the existing notification process, particularly the limited information currently shared – especially in relation to health needs – and the importance of ensuring such information reaches the appropriate departments or individuals. Scottish Govenrment outlined proposals for the new notice and undertaking requirements, which aim to improve the quality of information provided, including clearer identification of the child and relevant contacts within the placing authority. It was noted that detailed health information will not be included in the notice and undertaking itself, as it would not be appropriate or proportionate for all notified parties. The group suggested the guidance should promote best practice for placing authorities, including actively sharing relevant health information directly with the appropriate health board in Scotland – placing the responsibility on placing authorities rather than the Scottish local authorities. 

Further data on placement numbers and location was requested by the group. Scottish Government shared the latest cross-border placement data (136 placements as of 30 April 2025) and committed to follow up with further detail, including breakdown by local authority. 

The chair sought views on any other individuals or organisations that should be included in this group. The group noted that someone with relevant legal expertise from Wales and Northern Ireland would be helpful. 

Action(s):
•    SG to share further detail on the draft regulations as soon as it becomes available to support development of the guidance 
•    SG to share additional background information including:

• types of orders proposed to be recognised within these regulations and how they will be recognised 
• further details on cross-border placement data (136 as of 30 April 2025), including a breakdown of placements by local authority 

•    SG to consider engagement with relevant legal experts in Wales and Northern Ireland to ensure alignment and understanding across jurisdictions

Item 4: Next steps

Action(s):
•    SG to circulate dates for future meetings 

Next Meeting

Date and Time: 31 July 2025 11:00 – 12:00 
Location: MS Teams