In this expert analysis, Ellen Bond, a Senior Associate within MFMac’s Family Law team, outlines what the new Cross-border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations 2026 will mean for councils placing children in Scotland — and why early preparation is essential to ensure compliance and protect vulnerable young people.

New regulations for local authorities placing children in Scotland From 9 February 2026, local authorities in England, Wales and Northern Ireland will be working within a new legal framework when placing children in residential or foster care in Scotland.

The Cross-border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations 2026 bring together and strengthen the rules governing cross-border placements, with a clear focus on oversight, accountability and, above all, the best interests of the child.

The regulations replace two existing regimes: 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. While transitional arrangements will apply for children already placed in Scotland, from February onwards all new placements will need to comply with the updated framework.

At the centre of the changes is a single, clearer system for recognising orders made elsewhere in the UK. From 9 February, a child placed in Scotland under a qualifying ‘Relevant Order’ will only have lawful authority for that placement if the placing authority has complied with the 2026 Regulations. Where those requirements are met, the order will be treated as if it were a Scottish Compulsory Supervision Order (CSO) for the duration of the placement.

Relevant Orders include care orders, interim care orders, supervision orders and education supervision orders. If the new requirements are not met, the order will not be recognised under Scots law, calling the legality of the placement into question. For councils working under increasing pressure, this warrants close attention.

What this means in practice for councils

For local authorities placing children in Scotland on a temporary basis, the Regulations introduce a more structured and formal approach both before a placement begins and while it is ongoing.

Before a child is placed, authorities will be required to submit a notice and provide written assurances to a range of Scottish bodies, setting out how the placement will be managed. This extends beyond health and education contacts to include the Chief Social Work Officer, Police Scotland, the Care Inspectorate and Scottish Ministers. There is also a clear expectation that the proposed residential setting will be visited in advance, unless urgency makes this challenging, in which case consultation with the registered manager will be required.

Suitability is a central theme running through the regulations. Councils must assess whether the proposed placement meets the needs of the individual child and record the reasons for that assessment in writing. The regulations also make clear that children may only be placed in services that are properly regulated by the Care Inspectorate in Scotland.

Once a placement is underway, the emphasis shifts to ongoing oversight and collaboration.

Reviews will need to involve relevant Scottish agencies, even where the review itself is led by the child’s home authority. Children must be visited within one week of the placement starting, or following any placement move, to ensure they have settled and that the placement remains appropriate. Ongoing visits will then be required at least every six weeks, where reasonably practicable, to confirm that the placement continues to meet the child’s needs.

Where a placement is underpinned by a Deprivation of Liberty Order, the issuing court must review that order at least every three months. The regulations also introduce a particularly tight timetable where the order supporting the placement changes. In those circumstances, the new order will only be recognised for three days, during which time the placing authority must take the necessary steps to secure its continued recognition under the regulations. For councils, this places a premium on clear internal processes and prompt communication between legal and social work teams.

Permanent placements: continuity rather than change

For permanent placements in Scotland, the position will feel more familiar. The 2026 Regulations broadly mirror the existing 2013 transfer arrangements, meaning that the consent of the receiving Scottish local authority is still required before responsibility for the child’s care can transfer. That process will continue to be overseen through the Principal Reporter, maintaining continuity with the current system.

Preparing for February 2026

The new regulations are intended to bring greater clarity and consistency to cross-border placements, but they also introduce more formal procedures and clearer lines of accountability for local authorities. In the lead up to next month, councils will need to ensure that legal, social work and teams have a clear understanding of the new requirements and where processes need to change.

Early preparation will help avoid delays, compliance issues and, crucially, the risk of placements proceeding without proper legal authority. In an area as sensitive as the care of children placed far from home, that clarity matters.