Scotland cross-border child placement rules from 9 Feb

From 9 February 2026, Scotland brings in new rules for children placed across UK borders into Scottish care. If you teach, study social work, or support a looked‑after child, this guide helps you see who must do what and when. The Regulations were made on 21 January 2026 and are called the Cross‑border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations 2026.

The big idea is simple: when a child comes from England, Wales or Northern Ireland, certain home‑jurisdiction orders are treated in Scotland as if they were a Scottish compulsory supervision order. That lets carers and officials act lawfully here-authorising the placement, setting duties, and enforcing conditions-while the child’s rights are protected.

Who’s covered? Anyone under 18 years old. The rules apply to temporary placements into non‑secure residential settings or with foster carers in Scotland. They recognise care orders, interim care or supervision orders, supervision and education supervision orders, and court‑made deprivation of liberty orders. They also cover voluntary arrangements, such as accommodation under section 20 of the Children Act 1989 or the Welsh and Northern Irish equivalents.

Starting a residential placement has a clear checklist. Before a child arrives, the placing authority must send a written notice and a signed undertaking. An officer must visit the Scottish setting (or consult the registered manager if it’s urgent), judge the accommodation and care as suitable, and write down the reasons. The home must be registered with the Care Inspectorate.

The notice is practical rather than legalistic. It names the child and social worker, gives the home’s details and the registered manager’s contact, includes the GP information and proposed education plan, sets the planned entry date, and cites the legal authorisation. It also states when the order takes effect, when it will be reviewed, and when it expires if not extended.

A deprivation of liberty order needs extra care. To keep its legal effect in Scotland, the original court must review and continue it at least every three months. If that review cycle is missed, the DOL authority here cannot continue, so teams must diary those reviews and check they happen on time.

Voluntary arrangements get legal footing too. When the same pre‑placement steps are met, a voluntary accommodation decision from England, Wales or Northern Ireland authorises a child’s initial and ongoing stay in a Scottish residential setting. Staff caring for the child may then do what is reasonable to safeguard health, development and welfare.

Moves between residential homes are allowed but controlled. For a planned move, the placing authority must assess the new home, record reasons, and update the earlier notice so that local services are kept in the loop. In an urgent situation, the receiving authority’s chief social work officer can transfer a child immediately to another registered home if that is in the interests of the child or others, with the original order applying for up to 14 days or until a DOL review happens, whichever comes first.

Visits and voice are built in. An officer must see the child within one week of arrival or any transfer, then at intervals of no more than six weeks. Extra visits are required on request from the child, a person with parental rights, or the registered manager, and within a week if the Care Inspectorate issues an improvement notice for the home.

Reviews keep placements on track. The first review happens within one month of arrival, the second within three months of the first, and then at least every six months. A review can also be requested in writing by key people, and the placing authority must reply within seven working days-either scheduling a review soon or explaining why an earlier review is not justified. If welfare looks at risk, a review must be held as soon as possible.

Children should be supported to be heard. The Scottish Ministers must, where appropriate for the child’s age and maturity, inform them about independent advocacy that helps them express views to the registered manager. This is there to make sure the child’s wishes, feelings and needs reach the people making decisions.

For foster placements, there is a parallel route. Before placing a child with a Scottish foster carer, the placing authority must notify the Health Board, the receiving authority’s chief social work and chief education officers, Scottish Ministers, Police Scotland and the Care Inspectorate. An officer must visit the address (or arrange a visit within five working days if urgent), assess the carer and home as suitable, and sign a written agreement with the carer covering support, training, complaints, finances, liabilities, information‑sharing, safeguarding, contact and review arrangements.

Sometimes the legal basis changes while a child is already placed. If a court in the home nation makes a new order that underpins the ongoing placement, it will have effect in Scotland for three working days as if it were a Scottish order. After that bridge period, it only continues if the updated notices are issued and, for any DOL order, the three‑monthly review cycle is being met.

Children can move between foster care and residential care too. If the order stays the same and only the setting changes, the placing authority must complete the relevant visit, suitability check, record and notifications. If the court makes a new order and the child moves, the same three‑day bridge applies while paperwork and assessments are completed.

Oversight and enforcement matter. If a placing authority fails key duties-such as visiting, reviewing, or complying with order requirements-the Scottish Ministers can give notice and then ask the local sheriff court to require compliance. If ordered, that decision is final. This is designed to keep responsibilities clear across borders.

Two important end‑points are set out. If a child becomes subject to a Scottish compulsory supervision order (or interim CSO), the recognition of the external order here stops. And if a child will leave Scotland or, in the saddest event, dies, the placing authority must promptly inform the listed Scottish bodies so services can act swiftly and with care.

There is also a route for permanent transfers. With court approval and the Scottish host authority’s consent, certain care, supervision and education supervision orders from England, Wales or Northern Ireland can take effect in Scotland as a CSO. The Children’s Hearings system then applies, with a tweak that requires a hearing to be arranged within 20 working days once the Principal Reporter is notified.

Finally, older rules are tidied up. The 2013 transfer regulations and the 2022 DOL recognition regulations are revoked, with savings so that existing DOL authorisations continue for their set periods and any enforcement or offence proceedings for the earlier rules still stand for past conduct. If a child remains after that period, the new Regulations apply as if it were a fresh placement.

Here’s a plain‑English mini‑glossary you can teach from. A compulsory supervision order is a Scottish legal decision that sets measures for a child’s care. A deprivation of liberty order is a court decision in England, Wales or Northern Ireland allowing restrictions on a child’s liberty in care; it must be reviewed at least every three months. A voluntary arrangement means the local authority has agreed to accommodate a child without a court order. The placing authority is the home authority arranging the move; the receiving authority is the Scottish council where the child is cared for.

Let’s test your understanding with quick scenarios. A 15‑year‑old arrives from England on a DOL order: the Scottish home is registered, notices and undertakings are sent, and the team tracks the three‑month review dates. A 13‑year‑old from Wales is accommodated voluntarily: once the same pre‑placement steps are met, the stay is lawful and the first review is held within one month. A 12‑year‑old moves from a foster carer to a residential home after a new court order: the order has effect for three working days here while the placement checks and notifications are completed.