Scottish Ministers have made the Cross-border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations 2026 (SSI 2026/31) under the Children (Scotland) Act 1995 and the Children’s Hearings (Scotland) Act 2011. The instrument was made on 21 January 2026 and comes into force on 9 February 2026 following approval by the Scottish Parliament.
The Regulations establish a single framework for children moving from England, Wales or Northern Ireland into residential care or fostering in Scotland. Where set conditions are met, specified orders and voluntary arrangements made elsewhere take effect in Scotland as if they were compulsory supervision orders, providing lawful authority to place the child, exercise responsibilities and rights, and enforce compliance with conditions.
For an initial residential placement, the placing local authority must issue a written notice and a formal undertaking and confirm that the receiving care home service is registered with the Care Inspectorate. Recipients include the local Health Board, the registered manager, the chief social work officer and education lead of the receiving authority, the Scottish Ministers, Police Scotland and the Care Inspectorate. The notice must set out the child’s identity and contacts, the legal basis, the proposed entry date and education plan, GP details and the timing of reviews and expiry.
An officer of the placing authority must visit the residential setting in advance, assess whether the accommodation and service can meet the child’s needs, and record reasons. In urgent cases, consultation with the registered manager is permitted, but the assessment still has to be documented. Deprivation of liberty orders retain effect in Scotland only if the issuing court reviews and continues them within three months of being made and at least every three months thereafter.
Voluntary accommodation under section 20 of the Children Act 1989, article 21 of the Children (Northern Ireland) Order 1995 or section 76 of the Social Services and Well-being (Wales) Act 2014 is recognised for temporary residential placements where the same notice, undertaking and suitability conditions are met. This provides legal authority for the initial and ongoing placement and allows carers to act reasonably, including proportionate restrictions where required by the authorisation.
Where a court in the home jurisdiction changes the legal basis for a residential placement, the new order has effect in Scotland for three working days while documentation is updated. Continued effect beyond that requires the placing authority to update and circulate the original notice and undertaking; for deprivation of liberty orders, the three‑monthly court review requirement also applies.
Routine transfers between registered residential settings are allowed once an officer has visited the new setting, assessed suitability and recorded reasons, with updated notifications sent to relevant bodies. In urgent situations, the chief social work officer of the receiving authority may move a child from a specified setting; the original order applies to the new setting for up to 14 days or until the deprivation of liberty review takes place, and the placing authority must be informed as soon as practicable.
During any residential placement the placing authority must ensure compliance with court‑imposed requirements, make regular visits and conduct periodic reviews. An officer must visit within one week of placement or transfer and then at intervals of no more than six weeks, with extra visits on request from the child, those with parental responsibilities, or the registered manager, and within one week of any Care Inspectorate improvement notice.
Residential placement reviews are scheduled one month after placement, then within three months of that first review, and subsequently at intervals of no more than six months. Reviews may be requested in writing by specified agencies, the child or others with an interest; the placing authority must respond within seven working days and convene a review promptly where welfare is not adequately safeguarded, the child is persistently absent, or risk of harm is reported. Matters for review include contact, education, health, identity, safeguarding and whether the legal basis or placement remains appropriate.
Scottish Ministers must, where appropriate and as soon as reasonably practicable, inform children of the availability of independent advocacy and may commission providers to deliver that support. The duty may be disapplied where Ministers judge this inappropriate in light of the child’s age and maturity.
For cross‑border fostering, relevant orders take effect as if they were compulsory supervision orders when three conditions are met: the placing fostering authority issues a detailed notice to the Health Board, the receiving authority’s chief social work officer and education lead, the Scottish Ministers, Police Scotland and the Care Inspectorate; an officer visits the proposed address and assesses the foster carer and accommodation, with urgent cases requiring a visit within five working days; and a written agreement with the foster carer covers support, reviews, complaints, finance, liabilities and safeguarding obligations. During an ongoing foster placement the placing fostering authority remains responsible for services and costs and for reviews and visits as set out in the agreement.
If a court revokes a relevant order and makes a new one for a foster placement, the new order has effect in Scotland for three working days; continued effect requires updated notifications and, where the child moves address or to a new foster carer, a fresh suitability assessment and a renewed agreement. Children may move between fostering and residential care under the existing order, subject to the same pre‑placement checks, or under a new order which carries a three‑day bridging effect; deprivation of liberty orders must also satisfy the three‑monthly review rule.
Where placing authorities do not meet their duties-such as conducting visits and reviews or ensuring compliance-Scottish Ministers may issue a notice specifying the breach. If unresolved after 21 days, Ministers can apply to the sheriff for an enforcement order; any such order is final. The Regulations also apply and modify parts of the 2011 Act for enforcement and absconding, and confirm that, for these purposes, “child” means a person under 18.
If a child becomes subject to an interim compulsory supervision order or a compulsory supervision order made in Scotland, any effect given to external orders under these Regulations ceases. Authorities must notify relevant Scottish bodies when a placement will end or where a child dies while subject to an authorised residential or fostering placement.
For permanent transfers, care, supervision and education supervision orders made in England and Wales or Northern Ireland can operate in Scotland as compulsory supervision orders where the host local authority consents in writing. In care order transfers the Principal Reporter informs the court, and the 2011 Act is applied with modifications requiring a children’s hearing within 20 working days of notice to the Principal Reporter.
The Regulations revoke the 2013 transfer regulations and the 2022 deprivation of liberty regulations, subject to savings and transitional provisions. Existing deprivation of liberty orders already recognised under the 2022 rules continue to have effect for their original period if still in force in the home jurisdiction; continued accommodation beyond that point is treated as a new initial placement under the 2026 Regulations.
Operationally, authorities should plan early to meet the notice and undertaking requirements, verify Care Inspectorate registration, schedule statutory visits and reviews, diarise three‑month reviews for deprivation of liberty orders where applicable, and ensure funding and support arrangements for foster placements are in place. The framework aligns cross‑border practice with the Children’s Hearings system and provides a clear enforcement route where duties are not met.