New Regulations for cross-border child placements in Scotland come into force

Date:2 Feb 2026

New Regulations come into force in Scotland on 9 February 2026 to regulate the placement of children from outside Scotland. The aim of The Cross-border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations 2026 is to ensure that placing local authorities work with the Scottish local authorities and services to safeguard and promote the welfare of children placed across borders. There had been concerns that placements had been made without Scottish agencies being aware of the child moving into their area or of the needs of the child for health, education and other services, and no clear legal structure to underpin the placement.

The Regulations broadly consolidate the Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 and the Children’s Hearings (Scotland) Act 2011 (Transfer of Children to Scotland – Effect of Orders made in England and Wales or Northern Ireland) Regulations 2013 and then impose new requirements on local authorities making placements into Scotland. They are aimed primarily at temporary placements, as there have only been 8 permanent cross-border placements made under the Transfer Regulations since they were introduced in 2013.

The Regulations allow temporary placements in Scotland to be recognised as if they were made under equivalent Scottish orders. They require the placing local authority to be responsible for the placement, visiting, assessing and reviewing the child’s placement, and giving specified information in a notice to local services.

Part 2 of the Regulations provides that a deprivation of liberty order (DoLs) made in England will be treated as a compulsory supervision order (CSO) in Scotland, authorising the residential placement of a child and giving effect to the terms of the DoLs in Scotland. It recognises a placement in a temporary residential unit under s20 CA 1989 and allows any person who has care and control of the child in that residential unit to do what is reasonable to safeguard that child’s welfare.

Part 3 of the Regulations requires the local authority placing a child in a residential setting to give notice (including information listed in Reg 8) to the manager of the unit, health, education, police, the chief social worker of the Scottish local authority, Scottish ministers and SCSWIS. They must provide a written undertaking (form in Sch 1) to arrange all support services for the child and to meet all of the costs of the placement. They must visit the setting to assess the service and record the reasons why it is suitable for the particular child. The service must be registered with SCSWIS.

Part 4 deals with changes to a child’s placement, either the legal basis or the physical location. The placing authority has three working days from a new order to update the information given in their earlier notice and submit it to the relevant people (named in Reg 7) and must renew the undertaking as to costs etc to any new provider. Routine changes of placement can be made if permitted by an order, if an officer of the placing LA has visited and assessed the new placement as suitable, recorded their reasons in writing and provided an updated notice and undertaking. In an emergency the chief social worker may transfer a child to another residential unit, informing the placing authority as soon as reasonably practicable. The placing authority then has 14 days to obtain a new order naming the new placement.

Part 5 sets out the duties of the placing local authority to comply with the order authorising the placement, to ensure regular visits to the child and to undertake placement reviews. The details of when visits or reviews are required are listed in Regs 14 – 18

Part 6 imposes a duty on the Scottish Ministers to inform a child placed in a residential unit of their right to advocacy services.

Part 7 provides that where a child is placed in foster care under an order, it will have effect as if it were a compulsory supervision order, authorising the foster placement and giving authority for any person to exercise responsibility conferred on them by the order. The placing authority must give notice to health, education, police, the chief social worker of the Scottish local authority, Scottish ministers and SCSWIS. containing the information set out in Reg 23. The placing LA must have visited the address, assessed the carer and the accommodation are suitable for the child and recorded their reasons in writing. They must also enter into a written agreement with the foster carer in the terms set out in Schedule 3 and any other relevant issues.

Part 8 deals with changes to the order or to the address of the child. A changed order will have effect as a compulsory supervision order for three working days. To continue as a CSO, the placing LA must update and submit the information given in their notice. If the child changes placement or address, visit, assess and enter into a new placement agreement with the foster carer.

Part 9 sets out the notice and undertaking requirements (similar to those on first placement) where a child placed in Scotland moved from fostering to residential care, or from residential to fostering, with variations depending on whether the move is under an existing or new court order.

Part 10 lists the duties of the placing local authority where the child is placed in foster care. They must provide or secure all of the services to support the child, meet the costs arising from the foster placement and visit and review the foster placement as agreed.

Part 11 sets out those provisions of the Children (Scotland) Act and appropriate modifications, that will apply to temporary cross-border placements, allowing for recognition and enforcement of orders.

Part 12 gives Scottish Ministers the power to ensure that the placing local authorities comply with their duties under the Regulations. They may issue a notice setting out the breach of duty and giving the placing LA 21 days to remedy the breach, after which they may apply to the local sheriff’s court for a order that the placing local authority carry out their duty.

Part 13 requires the placing local authority to give the agencies who were originally notified of the child’s placement, notification when the child is to be placed outside Scotland. They must also tell the Scottish Minister, SCSWIS and the area local authority if the child dies in placement.

Part 14 provides that if a child in a cross-border placement becomes subject to a Scottish compulsory supervision order or interim CSO, the original order under which they were placed in Scotland ceases to have effect.

Part 15 largely restates the Transfer Regulations, where a child is live permanently in Scotland. If the court has made a care order and given approval under Sch2 para 19 CA 1989 for the child to live in Scotland and the Scottish local authority has agreed to take over the care of the child, the care order will have effect as if it was a compulsory supervision order. English supervision orders, or education supervision orders will take effect as compulsory supervision orders in Scotland if the Scottish local authority agrees to be the designated authority in those orders.

Please see also Practice note Matching children from England with adopters approved in Scotland which provides information about matching children from England with adopters in Scotland.

Alexandra Conroy Harris, Legal Consultant, CoramBAAF