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

Attendees and apologies

• Stacey-ann Lindsay, Scottish Government
• Claire Grant, Scottish Government
• Rachael Wilson, Scottish Government
• Abby Knowles, Scottish Government
• Thomas Grant, Scottish Government
• Ross Gibson, Children and Young People’s Centre for Justice
• Lesley Rodger, Greenleaf House
• Katy Nisbet, Clan Childlaw
• Lizette Van Zyl, Moray Council
• Jillian McFadyen, Partners in Advocacy
• Charlotte Wilson, Care Inspectorate
• John Mackie, East Lothian Council
• Laura Doherty, NHS Ayrshire and Arran
• Tracie McEwan, Education Scotland
• Frances Edwards, Family Rights Group
• Gary Darroch, Phoenix Abbey
• Gavin Calder, Harmeny
• Eleanor Kerr, NHS Scotland
• Andrea Morrison, Our Promise
• Jayne Miller, NHS Ayrshire and Arran
• Paula Raymond, East Ayrshire Council
• Kay McKerrell, Who Cares? Scotland
• Gareth Henderson, Police Scotland
• Rosemary Robertson, NHS Ayrshire and Arran
• Gordon Todd, Police Scotland
• Jan Grieve, NHS Scotland
• Jennifer Gage, Our Promise Scotland
• Patrick Gannon, Falkland House School
• Adam Hughes, Horizons
• Scott McCulloch, Greenleaf House

Apologies

• Sonya Holmes, South Lanarkshire Council
• Jayne Brinded, Partners in Advocacy
• Michael Scanlin, Rossie House
• Lucy Mackie, Angus Independent Advocacy
• Angela Waddell, Partners in Advocacy
• Margo Fyfe, NHS Scotland
• Lorna Renwick, NHS Highland
• Karen McGuigan, NHS Lanarkshire
• Juliet Henderson, Police Scotland
• Sharon Telfer, Care Inspectorate
• Neill Clark, East Ayrshire Advocacy Services
• Steven McPherson, Education Scotland
• Pauline Kuhl, Horizons
• Carrie McCulloch, NHS Lanarkshire
• Eleni Mangina, Our Promise
• Kerry Kines, Pebbles Care
• Peter Summers, Pebbles Care
• Lesley Mollison, Rossie
• Rhian Croke, Swansea University
• Gail Nowek, North Ayrshire Educational Psychological Service
• Lindsay Morris, North Ayrshire Council
• Neil McKenzie, Police Scotland
• Christine MacEachen, Care Visions
• Diane Henderson, Highland Council
• Amanda Hatton, City of Edinburgh Council
• Amy Costley, Police Scotland
• Andrew Sloan, Care Inspectorate
• Gary Greenshields, Moore House

Items and actions

Purpose of the meeting

To discuss draft guidance that had been shared with the group. In particular, the group were asked to consider the draft text for the multi-agency discussion, review period and enforcement sections. 

Agenda items and discussion

Welcome and introductions

The chair welcomed all attendees.

Discussion of multi-agency discussion and review period draft guidance

The group reviewed and discussed the multi-agency discussion section of the draft guidance that was circulated in advance of the meeting. The group discussed that the purpose of the multi-agency discussion is to discuss a child’s specific requirements and ensure relevant support can be put in place. It was noted that Police Scotland should be involved only where appropriate.  

The group noted that 72 hours’ notice for a multi-agency discussion is best practice but may not always be feasible due to time taken for the information to reach the right people. 

The group were broadly content with the review section of the draft guidance, but it was noted further clarity would be helpful in terms of how this should align with existing requirements per the Care Planning Regulations. 

Enforcement

After the last meeting of the group, SG shared the now published informal breach process for Deprivation of Liberty orders (DOLs) which was updated in August to set out a clearer escalation process for these types of placements and how we intend to replicate this for all cross-border placements if the regulations are passed by Parliament. 

SG explained that the first three steps set out an informal process and the final steps set out the formal process, which includes escalation to Scottish Ministers and the courts. SG explained that the enforcement process would kick in if a placing authority is in breach of any of their duties as set out in the regulations. For example, the placing authority not undertaking a review of the placement. It is envisaged that issues will most likely be resolved at a local level, with the formal processes rarely required. 

The chair shared the below questions and asked the group for any feedback:-

• do you think that the relevant parties are covered in the enforcement process and are they engaged at the right stages?
• do you think that there are any steps missing from the process?
• is the process as set out below easy to follow?  If not, what could be improved?
• what else could be included in this section of the guidance?

The group didn’t offer any comments on the process as drafted, but the Chair noted feedback would also be welcome via email. 

The group discussed the importance of child protection duties and for clarity to be provided in relation to this. SG noted that the DoL’s guidance was updated last year to include more detail and clarity on statutory duties placed on Scottish local authorities for cross border children and that this will be included in this guidance.  

Next steps

Action(s) :

• SG to share updated guidance document ahead of next meeting
• group members commented that real life examples may be helpful as we work through the different sections of the guidance. As part of this members were asked to share with SG any examples that could be anonymised