The Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 have been revoked and were replaced by the Cross-border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations 2026 from 9 February 2026.

The 2026 Regulations provide a single framework for certain cross-border placements into Scotland from England, Wales and Northern Ireland.

The Regulations apply to temporary placements of children into residential and foster care in Scotland where the placement is underpinned by:

  • Relevant orders, including:
    • care orders and interim care orders
    • supervision orders and interim supervision orders
    • education supervision orders
  • Deprivation of Liberty (DOL) orders (for residential placements only)
  • Voluntary arrangements (for residential placements only)

Where the requirements are met, these arrangements can be recognised in Scotland as if they were Compulsory Supervision Orders (CSOs) for defined purposes. The Regulations also make provision for conversion to a CSO where a placement becomes permanent.

Placements not covered

The Regulations do not apply to all cross-border placements. In particular, they do not cover:

  • Placements in residential schools registered as school care accommodation services
  • Voluntary fostering placements
  • Kinship placements
  • Placements with foster carers in Scotland who are approved in England, Wales or Northern Ireland
  • Adoption placements, which are covered by separate legislation.

Notification requirements

The completed Notice and Undertaking must be provided to all persons specified in the Regulations in advance of the child being placed in Scotland, including relevant Scottish local authority officers, the care setting, Health Board, Police Scotland, the Care Inspectorate and Scottish Ministers.

The placing authority must also inform specified persons and agencies in Scotland where there are any changes to the placement, including where the legal basis is varied, extended or ends.

The 2026 Regulations require the placing authority to give a written undertaking confirming its role and responsibilities in respect of the child being placed in Scotland. The undertaking remains in place for the duration of the placement.

For placements to be legally recognised in Scotland, placing authorities must comply with the requirements of the 2026 Regulations, including notification requirements. Where these are not met, the placement may not have lawful effect under Scots law.

Full guidance (including a template) can be found here: Cross-border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations 2026: practice guidance, notice and undertaking template – gov.scot

Contact information

For any queries about the Regulations, please contact the Scottish Government at crossborderplacements@gov.scot.

Note: this page was updated in June 2026