6th January 2022: Scottish Government published a policy position paper on cross border placements of children and young people into residential care in Scotland. The policy related to placing children and young people into Scottish residential care when the High Court in another part of the UK has granted a Deprivation of Liberty (DOL) order.
25th March 2022: feedback was published.
26th April 2022: A draft of the Cross Border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations were laid before the Scottish Parliament. They were agreed to on 8th June following the Education, Children and Young People Committee’s scrutiny of the affirmative Regulations.
24th June 2022: The Cross Border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 came into force. Practice Guidance, Notice and Undertaking Template was also published.
May 2023: The Scottish Government commissioned the Care Inspectorate to undertake a thematic review of cross-border 'placements' into residential care in Scotland.
October 2023: The Scottish Government facilitated a stakeholder workshop to review the effectiveness of the (Cross Border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022.
August 2023: The Scottish Government worked with the Association of Directors of Children’s Services (ADCS) in England to gather information on a sample of cross-border 'placements' where children are subject to voluntary arrangements to understand why these types of placements arise.
June 2024: Royal assent of the Children (Care and Justice) (Scotland) Act which provides powers to further regulate cross-border 'placements' of children in residential care into Scotland.
July 2024: Publication of the Care Inspectorate’s Cross Border Thematic Review for children living in residential care. This informed the development of new regulations in relation to cross-border 'placements'.
August/September 2024: Scottish Government engagement session on cross border 'placements' into residential care to further inform the development of the new cross-border regulations.
31st October 2024: Scottish Government published an update to the Cross Border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 practice guidance.
From 2025: The Care Inspectorate began collecting and publishing data on cross-border fostering placements through their annual statistical bulletin, enabling improved monitoring of practice, trends and outcomes.
8 January 2025: The Minister for Children, Young People and The Promise confirmed commitment to maintaining the funding commitment to pay for up to 16 beds (4 in each of Scotland’s secure centres) to maintain capacity, reduce cross-border placements into secure care in Scotland and provide a level of financial security to secure providers.
March 2025: The Scottish Government held two further engagement sessions to provide an update on proposals for placements into residential care home settings in Scotland.
June 2025: Short Life Working Group to support the development of practice guidance to sit alongside the new cross-border regulations established.
June 2025: Short Life Working Group to support the development of a rights-based charter for children placed into residential care in Scotland, including those placed cross-border, established.
March-November 2025: Cross Border regulations for residential care drafted and guidance developed.
7th August 2025: Scottish Government published a further update to the Cross Border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 practice guidance.
October 2025: Scottish Government share policy paper on including cross- border fostering placements within the new cross-border regulations.
25th November 2025: The Cross-border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations were laid in draft before the Scottish Parliament, along with the relevant impact assessments and policy note. The Scottish Government position is clear:
“If approved by Parliament, the Cross-border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations 2026 (“the Regulations”) will provide for the legal effect in Scots law of court orders or arrangements underpinning placements from elsewhere in the UK and set out conditions to be met in respect of temporary placements into residential and foster care.
The overarching aim of the Regulations is to provide a robust legal framework in respect of cross-border placements, thereby ensuring that the welfare of every child who has been placed in Scotland is safeguarded and promoted, and that their rights are upheld. Enforcement (Scotland) Regulations were formally laid before the Scottish Parliament.
However, any regulations will not – and should not – be a substitute for proper provision for the placement of children being made available in their home nations in England, Wales, and Northern Ireland.”
Early 2026: Expected consultation on the future of secure care published by the Scottish Government. This is expected to invite views on the financial model and current arrangements, with a focus on exploring more sustainable funding approaches to support financial viability and continuing to the number of cross border 'placements' in Scotland.
February 2026: Publish foster-care-specific practice guidance to accompany the Regulations. The guidance will be primarily for local authorities in England or Wales and Health and Social Care Trusts in Northern Ireland which are involved in the placing of children into residential and foster care in Scotland.
February-March 2026: Awareness raising about new cross border regulations with placing Local Authorities and Scottish partners in relation to the new requirements under the regulations. Key activities will include:
- Information sessions for all stakeholders.
- Targeted engagement with placing authorities from across the UK and Scottish stakeholders, and
- The development of practice guidance to support placing authorities to adhere to the duties set out in the Regulations.
9th February 2026: The Cross-border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations 2026 will come into force (subject to parliamentary approval). The Regulations provide for the legal recognition of orders and arrangements where children are placed cross-border into residential or foster care in Scotland. They also set out conditions to be met for temporary placements to help to ensure that there is appropriate oversight of these placements, roles and responsibilities are clear and that children’s rights are upheld. The Regulations also include provision requiring Scottish Ministers to offer and fund independent advocacy for all children subject to cross-border placements into residential care in Scotland.
Separately, advocacy for cross border fostering placements will be delivered through the Children (Care, Care Experience and Services Planning) (Scotland) Bill, subject to parliamentary approval.
February 2026 onwards: Data collected on cross border placements under new regulations.
2026 onwards: The Scottish Government will work to consider whether additional measures and would be beneficial in the context of fostering placements.
April 2026: Commencement of new secure accommodation contract managed by Scotland Excel. This is the national framework for secure accommodation services.
November–December 2026: The Scottish Government will agree an approach in relation to a formal evaluation of the effectiveness of the Cross-border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations 2026
There is currently limited national clarity on arrangements for children placed cross-border into kinship care in Scotland. During 2026, Scottish Government will work with UK counterparts and Scottish Local Authorities to clarify:
- The legal status and effect of orders underpinning kinship placements;
- Access to financial support and allowances;
- Expectations around needs assessments;
- The availability of support, advice and advocacy for kinship carers and children.
This work will align with the development of Scotland’s Kinship Care Vision and any legislative changes related to kinship support.
Consideration of the formal review of the Regulations that was undertaken in 2027.
As part of the broader work around the language of care consider use of terms such as ‘cross border placement’.
Children living cross-border in foster or kinship care will require equal clarity on access to CAMHS, therapeutic support, educational entitlements, family time arrangements and social work visiting patterns. The Scottish Government, local authorities, Social Work Scotland, Health Boards, education, the third sector and other stakeholders will work alongside the care community to set out national expectations for service access for these children.
The Scottish Government will work with partners to explore options to ensure young people living in Scotland via cross-border arrangements who wish to remain here are not disadvantaged in their access to continuing care, aftercare, education or other entitlements available to their Scottish peers. This includes identifying legal, financial, and operational barriers and potential solutions.
To support the conclusions of the Independent Care Review relating to cross-border placements, Scottish Government will work with counterparts across the UK to analyse drivers of cross-border demand, share data, and identify preventative actions that reduce reliance on placements outwith a child’s home nation. This includes modelling impacts on fostering, kinship care and specialist provision.
In line with the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024, work will be undertaken to ensure that children and young people's right to advocacy, participation, family life, education and health apply consistently across all cross-border placement types, including fostering and kinship care.
Work that began in 2026 and 2027 will continue to progress. The 'where children live' route map will be continued to be updated as this work progresses.
There are no milestones identified for this year yet. Once progress is made in earlier years, the work required in this year will be clearer and milestones will be added here.
There are no milestones identified for this year yet. Once progress is made in earlier years, the work required in this year will be clearer and milestones will be added here.