Residential childcare cross-border regulations development stakeholder engagement minutes: March 2025

Attendees and apologies

• Angus Council
• Angus Independent Advocacy
• Argyll and Bute Council
• Barnardo’s
• Borders Independent Advocacy Service (BIAS)
• Care Inspectorate
• Care Visions
• Carmarthenshire Council
• CELCIS
• Children and Young People’s Centre for Justice
• Children and Young People’s Commissioner Scotland
• Children’s Hearings Scotland
• Clan Childlaw
• Compass Children and Families Services
• Conwy County Borough Council
• COSLA
• Curo Salus
• Department for Education
• Denbighshire County Council
• Dumfries and Galloway Council
• East Ayrshire Council
• East Dunbartonshire Council
• Education Scotland
• Fife Council
• Flintshire Council
• Glasgow Virtual School
• Greenleaf
• Harmeny Childcare and Education
• Highland Council
• Holistic Childcare and Education
• HM Inspectorate of Constabulary in Scotland
• Imagine Care
• Independent Advocacy Perth and Kinross
• Kibble
• North Lanarkshire Council
• NHS Lothian
• Options Autism
• Our Promise Scotland
• Partners in Advocacy
• Pebbles Care
• Police Scotland
• Phoenix Abbey
• Rossie
• Scottish Child Law Centre
• Scottish Children’s Reporter Administration
• Scottish Legal Aid Board
• South Ayrshire Council
• South Lanarkshire Council
• Social Care Wales
• The City of Edinburgh Council
• The Promise Scotland
• West Lothian Council
• Who Cares? Scotland
• Wrexham Children’s Services
• Young Foundations Limited

Items and actions

Background

On 20 and 26 March, the Scottish Government Residential Childcare Unit held stakeholder engagement sessions to share their policy proposals in relation to cross-border placements into residential care in Scotland.

Below is a summary of those discussions. Under each section we have set out what the proposal is followed by what we heard from attendees.

Policy Proposals

Pre-placement

For all cross-border placements into residential care in Scotland, the Scottish Government is clear that the placing authority should seek a placement, in the first instance, in the child’s country of residence. However, where it is in the child’s best interest to be placed in Scotland, consultation should take place with the relevant Scottish local authority and service providers to assess whether the proposed placement in Scotland can meet the child’s needs.

Before a placement is made, it is proposed that the regulations will require that the placing authority should:

• undertake a visit to the proposed residential home in Scotland
• complete a Notice and Undertaking and issue to the relevant Scottish parties
• undertake a multi-agency discussion with key partners from both the placing and Scottish authority prior to the child being moved (or within 72 hours in emergencies)
• ensure that all relevant services are in place prior to the child arriving in Scotland and for the duration of the placement

What we have heard:

• the notice and undertaking should include the reason why placement in Scotland is needed
• an in-person visit should be mandatory even if it needs to be undertaken following placement start date.
• focus on what happens when the young person is in placement is vital e.g. making sure they have access to appropriate services in a timely manner

Notice and undertaking

It is proposed that the regulations will require that a ‘notice and undertaking’ is completed and signed by the placing authority (England and Wales) or Health and Social Care Trust (Northern Ireland). It must specify that for the duration of the placement, the placing authority will:

• provide or secure the provision of all services required to support the child
• meet all the costs arising from, or in consequence of, the child’s placement, and
• adhere to all conditions set out in the regulations for the duration of the placement (see conditions at pre-placement)

It is proposed that it should be sent to the following Scottish parties:

• the Health Board
• the Director of Education
• the Chief Social Work Officer
• the Care Inspectorate
• Police Scotland
• the Scottish Ministers
• Children and Young People Commissioner Scotland
• the registered manager of the residential care setting

(To note: the following proposals are subject to ongoing consultation with the parties listed above and the Information Commissioner’s Office)

The proposed information to be included in the notification:

• name and preferred name of the child or young person
• date of birth of the child or young person
• the name and address of the residential care setting (not head office) in which the child is to be placed
• the contact phone number and email address of the residential care setting in which the child is to be placed
• the name of the placing authority
• the contact phone number, email address and postal address of the child’s lead social worker within the placing authority
• type of care order or statutory arrangement the child is placed on
• date the order or statutory agreement comes into effect
• date the order or statutory agreement expires (if not subsequently extended)
• if the order is extended, ongoing notification at each review point.

In addition to the above, it is proposed that:

• the name and contact details of the child’s GP from the placing authority should be provided in the notification to Health Boards

• education arrangements provided in the notification to Directors of Education i.e. if the child will be attending a mainstream school or accessing education within service

What we have heard:

• proportionality is key. Information should only be shared with those that need if to perform their duties and the minimum level of information possible should be shared
• education colleagues’ welcome additional information being shared however may require more information that set out above

Multi-agency discussion

It is proposed that the regulations will require that the placing authority must initiate a multi-agency discussion with the relevant Scottish stakeholders in respect of access to and recharging arrangements including for services in health and education or any other required services. It must be ensured that services are appropriate and tailored to the child’s needs and that they are delivered in a way which respects and fulfils their rights under the ECHR and UNCRC.

This discussion should take place before the child is placed in Scotland or, in the case of an emergency, no later than 72 hours from the placement start date.

Provision of advocacy

Provision of advocacy is still under consideration.

What we have heard:

• is there a role here for Independent Reviewing Officers
• it was suggested the Scottish Government attend a National Providers Network meeting to discuss advocacy in more detail

Enforcement

The Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 (‘the DoL regulations’) cover children placed into residential care in Scotland on DoL orders from other parts of the UK. These regulations provide Scottish Ministers with the power to apply to a sheriff for an enforcement order if a placing authority does not comply with its duties.

Recognising the time required to see through this formal enforcement process (noting some issues require immediate attention) in consultation with Chief Social Work Officers we are developing an escalation process that aims to resolve concerns between parties on an informal basis. It is intended that this will be introduced for DoL order placements as soon as possible and will be replicated for all cross-border placements following implementation of the new regulations.

It is also proposed that the new regulations will mirror the existing enforcement powers granted to Scottish Ministers via the DoL regulations for all cross-border placements. These should only be used as a last resort where issues cannot be resolved via the informal process.

What we have heard:

• the enforcement process is welcomed especially as Scottish local authorities have found it challenging in the past to recover the costs of services provided from local authorities elsewhere in the UK
• it is important to have buy in from local authorities elsewhere in the UK

Transition Planning (for change or end of placement)

We are considering whether anything is needed in our regulations when a placement changes or comes to an end.

What we have heard:

• there are discrepancies in continuing care / after care that is available to children placed cross-border in comparison to Scottish looked after children. This should be considered when a rights charter is being developed

Section 104 order

A S104 order will help to ensure that existing duties in relation to key placing authority roles and responsibilities are fulfilled prior to a placement being accepted by a service in Scotland. The order will also supplement provision made in Scottish regulations, which can only make provision as a matter of Scots law, in relation to what happens when the child has been placed here. It is proposed that the S104 order includes provision in relation to:

• notification of cross-border placements
• care planning requirements, and
• enforcement

Guidance

To ensure effective implementation of the Regulations, detailed accompanying guidance will be necessary. We are therefore seeking to develop this in partnership with stakeholders over the coming months. In addition, we are also seeking to develop a rights-based charter for children placed cross-border. 

What we have heard:

• while guidance for placing authorities is important, it is key to develop child-friendly guidance setting out what a child can expect in placement and what to do if they are not experiencing this
• education colleagues would like to be involved in a working group to develop guidance

The Promise Scotland: Cross-Border Route Map

The Promise Scotland provided an overview of the next steps for implementing The Promise including the development of a number of route maps. The route maps set out activity between now and 2030.

A draft cross-border route map was shared in advance with attendees. Attendees have been asked to provide feedback.