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

Attendees and apologies

• Stacey-Ann Lindsay, Scottish Government
• Claire Grant, Scottish Government
• Rachael Wilson, Scottish Government
• Sheree McAlpine, Scottish Government
• Richard Wilkins, Scottish Government
• Tracie Mcewan, Education Scotland
• Andrea Morrison, Our Promise Scotland
• Kay McKerrell, Who Cares? Scotland
• Jennifer Gage, Our Promise Scotland
• Jayne Miller, NHS Ayrshire and Arran
• Andrew Sloan, Care Inspectorate
• Lesley Rodger, Greenleaf House
• Juliet Henderson, Police Scotland
• Angela Waddell, Partners in Advocacy
• Laura Doherty, NHS Ayrshire and Arran
• Gareth Henderson, Police Scotland
• Katy Nisbet, Clan Childlaw
• Karen McGuigan, NHS Lanarkshire
• Patrick Gannon, Falkland House School

Apologies

• Louisa Brown, Scottish Government
• Carrie McCulloch, NHS Lanarkshire
• Eleni Mangina, Our Promise Scotland
• Jillian McFadyen, Partners in Advocacy
• Jayne Brinded, Partners in Advocacy
• Kerry Kinnes, Pebbles Care
• Peter Summers, Pebbles Care
• Gary Darroch, Phoenix Abbey
• Neil McKenzie, Police Scotland
• Lesley Mollison, Rossie
• Michael Scanline, Rossie
• Sonya Holmes, South Lanarkshire Council
• Rhian Croke, Children’s Legal Centre Wales
• Amanda Hatton, Edinburgh Council
• Margo Fyfe, Mental Welfare Commission for Scotland
• Rosemary Robertson, NHS Ayrshire and Arran
• Paula Raymond, East Ayrshire Council
• Gordon Todd, Police Scotland
• Lindsay Morrison, North Ayrshire Council
• Lorna Renwick, Highland Council
• Ross Gibson, Children and Young People’s Centre for Justice

Items and actions

Purpose of the Meeting

The purpose of the meeting was to review and discuss the draft guidance circulated to the group, and to discuss the inclusion of cross-border foster placements. 

Agenda Items & Discussion

Welcome and introductions

The chair welcomed all attendees and introduced Sheree McAlpine (SM) from the Scottish Government’s (SG) Fostering Policy Team. 

Update on the scope of the regulations, associated guidance, and working group

The chair informed the group that the cross-border regulations currently being developed will now include foster placements as well as residential placements. The chair invited SM to provide further details.

SM gave an overview of the rationale for including foster placements within the regulations and outlined the key proposals, highlighting the differences between the provisions for residential and foster placements. SM noted that the initial regulatory approach for fostering will be relatively light touch; however, once sufficient data has been gathered, further regulatory development may be considered if necessary. 

Members asked about the availability of data, particularly in relation to the number of cross-border foster placements and the duration of both residential and foster placements. The chair noted that SG is currently undertaking a data collection exercise. While it is too late to gather information on the length of placements as part of this exercise, anecdotal information can be shared. 

Action:

• SG to share available information on length of placements 

The chair invited the group to consider additional stakeholders with an interest in fostering who may be appropriate to invite to join the working group.

Action:

• Members to share details of stakeholders with an interest in fostering

Revision of updated draft guidance 

The chair noted that the draft guidance had been updated following the previous meeting. Additional sections have been developed, including children’s rights, scrutiny and inspection, advocacy and recharging. 

The chair invited the group to share their views on the recent updates to the draft guidance. 

Katy Nisbet (KN) asked whether there was scope within the guidance to be more specific about the types of services children are being placed into, especially in relation to Deprivation of Liberty (DoL) Orders. The chair explained that scope of the regulations is limited to residential and foster care and that placement decisions rest with the placing authority and the courts. 

Jayne Miller (JM) asked whether the section on recharging could be expanded to include information relevant to health boards. SG agreed to consider this in more detail. 

Action:

• SG to review recharging section of draft guidance specific to health boards 

Kay McKerrel (KM) suggested that the advocacy provision should align with the existing provision for DoL orders. The chair confirmed that the process is the same and committed to updating the draft guidance accordingly. KM also suggested that it would be beneficial to have further discussion on advocacy in relation to cross-border foster placements, noting that uptake is high. SM will follow this up separately.

Action:

• SG to amend draft guidance to replicate advocacy guidance for DOL orders 
• SM to pick up discussion on advocacy provision for cross-border foster placements with KM

SG advised that, in drafting the regulations, they are proposing a mandatory visit within one week of a service receiving an improvement notice. The group were invited to comment on how this would work in practice, particularly in relation to ensuring the placing authority is made aware when an improvement notice has been issued. 

Andrew Sloan (AS) from the Care Inspectorate (CI) explained that there is currently a statutory duty for the improvement notice to be issued to the provider and the host authority. He noted that the CI is reviewing its enforcement policy and procedures to consider whether best practice could include copying placing authorities into such notices. 

Next steps         

The chair noted that the draft guidance will be updated following today’s discussion and will circulate the revised version to the group in advance of the final meeting for review.

Action:

• SG to update draft guidance and circulate ahead of final meeting

The chair thanked the group for the valuable real-life examples shared to date and encouraged members to continue providing these.  

Action:

• Members to continue to share real-life examples of cross-border placements 

The next meeting is expected to be the final session of the working group to inform the development of the guidance. The meeting will take place on 4 December, allowing time for the draft regulations to be published and considered by the group. Further meetings of this group will be considered in relation to awareness raising, if the regulations are passed by Parliament. 

Action:

• SG to consider whether the group should reconvene to support dissemination of the guidance / awareness raising