The Cross-border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations 2026

In these Regulations—

• “the Act” means the Children’s Hearings (Scotland) Act 2011,

• “the 1989 Act” means the Children Act 1989^f1,

• “the 2010 Act” means the Public Services Reform (Scotland) Act 2010^f2,

• “the 2014 Act” means the Social Services and Well-being (Wales) Act 2014^f3,

• “the 1995 Order” means the Children (Northern Ireland) Order 1995^f4,

• “the 1995 Act” means the Children (Scotland) Act 1995^f5,

• “the 2009 Regulations” means Looked After Children (Scotland) Regulations 2009^f6,

• “accommodation” means accommodation provided, or to be provided, in a residential care setting for a continuous period of more than twenty-four hours, and references to a child being “accommodated” are to be construed accordingly,

• “authorising fostering provision” means, as the case may be, regulation 20(1), 24(1), or 28(1) of these Regulations in respect of giving effect to a relevant order,

• “authorised foster placement” means the residence of a child with a foster carer in Scotland where the child is subject to a relevant order having effect under an authorising fostering provision,

• “authorising residential provision” means, as the case may be—

  1. (a)

     regulation 3(1), 9(1) or 27(1) of these Regulations in respect of giving effect to a relevant order,

  2. (b)

     regulation 3(2), 9(1) or 27(1) of these Regulations in respect of giving effect to a deprivation of liberty order,

  3. (c)

     regulation 4(2) of these Regulations in respect of giving effect to a voluntary arrangement,

• “authorised residential placement” means the accommodation of a child in a residential care setting who is subject to a relevant order, a deprivation of liberty order or, as the case may be, a voluntary arrangement having effect under an authorising residential provision, and reference to a child being “subject to an authorised residential placement” is to be construed accordingly,

• “chief constable” means the constable appointed to the office of chief constable under section 7(1)(a) of the Police and Fire Reform (Scotland) Act 2012^f7,

• “chief social work officer” means an officer appointed in accordance with section 3 of the Social Work (Scotland) Act 1968^f8 or a deputy designated by the receiving local authority,

• “care home service” has the meaning given in paragraph 2 of schedule 12 of the 2010 Act,

• “child” means a person under the age of 18 years,

• “cross-border foster placement” means the placement of a child who is subject to a relevant order with a foster carer in Scotland, where the child was, immediately before the placement, resident in England, Wales or Northern Ireland, and references to a child being “subject to a cross-border foster placement” are to be construed accordingly,

• “deprivation of liberty order” means an order (including an interim order) made under the inherent jurisdiction of the High Court of England and Wales or, as the case may be, made by the High Court of Justice in Northern Ireland, which authorises the deprivation of liberty of a child in a residential care setting,

• “foster carer” means a person approved as a foster carer in accordance with a decision made under regulation 22(3), 23 or 26(8) of the 2009 Regulations,

• “fostering service manager” means the local authority or registered fostering service which made a decision to approve the foster carer under regulation 22(3), 23 or 26(8) of the 2009 Regulations^f9,

• “Health Board” means a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978^f10,

• “initial residential placement” means the placement of a child into a residential care setting in Scotland where—

  1. (a)

     the child was, immediately before the placement, resident in England, Wales or Northern Ireland, and

  2. (b)

     the placement is authorised under the law in England and Wales or, as the case may be, in Northern Ireland by virtue of—

     1. (i)

        a relevant order,

     2. (ii)

        a deprivation of liberty order,

     3. (iii)

        section 20 of the 1989 Act^f11,

     4. (iv)

        article 21 of the 1995 Order, or

     5. (v)

        section 76 of the 2014 Act^f12,

  and reference to a child being “initially placed” in a residential care setting is to be construed accordingly,

• “local authority” means—

  1. (a)

     in relation to England and Wales, a local authority within the meaning of section 105(1) of the 1989 Act^f13 as it relates to England and Wales,

  2. (b)

     in relation to Northern Ireland, a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991^f14 or, in the context of an education supervision order, an Education Authority established by section 1 of the Education Act (Northern Ireland) 2014^f15,

  3. (c)

     in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994^f16,

• “ongoing foster placement” means the residence of a child with a foster carer in Scotland, following a cross-border foster placement, or as the case may be, following a new placement with a foster carer in accordance with regulation 28 or 32, and references to a child being “subject to an ongoing foster placement” are to be construed accordingly,

• “ongoing residential placement” means the accommodation of a child in a residential care setting following their initial residential placement, or as the case may be, following a new placement in a residential care setting in accordance with regulation 27 or 29, and references to a child being “subject to an ongoing residential placement” are to be construed accordingly,

• “ongoing residential placement review” means a review of a child’s placement in a residential care setting, which is conducted virtually, in-person or in a hybrid format, following—

  1. (a)

     an initial residential placement, or

  2. (b)

     a placement in accordance with regulation 27 (change of temporary placement – fostering to residential care under existing order) or regulation 29 (change of placement – fostering to residential care under new order),

• “placing fostering authority” means the local authority in England, Wales or, as the case may be, Northern Ireland, which arranged for the cross-border foster placement of a child, or (as the context requires) which arranges the placement of a child with a foster carer in accordance with regulation 28 (change of temporary placement – residential care to fostering under existing order) or regulation 32 (change of temporary placement – residential care to fostering under new order),

• “placing local authority” means the local authority in England, Wales or, as the case may be, Northern Ireland, which arranged the initial residential placement of a child, or (as the context requires) which arranges the placement of a child into a residential care setting in accordance with regulation 27 (change of temporary placement – fostering to residential care under existing order) or regulation 29 (change of temporary placement – fostering to residential care under new order),

• “Principal Reporter” means the Principal Reporter appointed under paragraph 8 of schedule 3 of the Act or an officer of the Scottish Children’s Reporter Administration to whom there is delegated under paragraph 10(1) of schedule 3 of that Act any function of the Principal Reporter,

• “receiving fostering authority” means the local authority in Scotland within which the foster carer with whom a child is placed, or is to be placed, resides,

• “receiving local authority” means the local authority in Scotland within which the residential care setting in which a child is placed, or is to be placed, is located,

• “registered fostering service” means a person other than a local authority whose functions consist of or include the making of arrangements for or in connection with the performance of functions assigned to a local authority under the 2009 Regulations^f17,

  and who is registered under Chapter 3 of Part 5 of the 2010 Act,

• “registered manager” means the individual who manages the care home service provided in the residential care setting in which the child is placed, or to be placed,

• “registered residential care setting” means a residential care setting within which a care home service is provided, as registered with Social Care and Social Work Improvement Scotland (otherwise known as “the Care Inspectorate”) in accordance with Chapter 3 of Part 5 of the 2010 Act,

• “relevant order” means—

  1. (a)

     a care order made under—

     1. (i)

        section 31(1)(a) of the 1989 Act, or

     2. (ii)

        article 50(1)(a) of the 1995 Order,

  2. (b)

     an interim care order made under—

     1. (i)

        section 38 of the 1989 Act^f18, or

     2. (ii)

        article 57 of the 1995 Order,

  3. (c)

     an interim supervision order made under—

     1. (i)

        section 38 of the 1989 Act, or

     2. (ii)

        article 57 of the 1995 Order,

  4. (d)

     a supervision order made under—

     1. (i)

        section 31(1)(b) of the 1989 Act^f19, or

     2. (ii)

        article 50(1)(b) of the 1995 Order,

  5. (e)

     an education supervision order made under—

     1. (i)

        section 36(1) of the 1989 Act^f20, or

     2. (ii)

        article 55(1) of the 1995 Order^f21,

• “residential care setting” means a residential establishment which is not secure accommodation,

• “residential establishment” has the meaning given in paragraph (a) of the definition of “residential establishment” in section 93 of the 1995 Act^f22,

• “Social Care and Social Work Improvement Scotland” (otherwise known as “the Care Inspectorate”) means the body established by section 44 of the 2010 Act,

• “secure accommodation” has the meaning given in paragraph (a) of the definition of “secure accommodation” in section 93 of the 1995 Act^f23,

• “Police Scotland” means the Police Service of Scotland, established by section 6 of the Police and Fire Reform (Scotland) Act 2012,

• “temporary placement” means the placement of a child into a residential care setting or with a foster carer, where the child is subject to a relevant order, a deprivation of liberty order or a voluntary arrangement having effect under an authorising residential provision or, as the case may be, an authorising fostering provision, and references to a child being “temporarily placed” are to be construed accordingly,

• “voluntary arrangement” means the accommodation of a child in a residential care setting where a local authority would otherwise accommodate a child under the law in England and Wales or, as the case may be, Northern Ireland, by virtue of—

  1. (a)

     section 20 of the 1989 Act^f24,

  2. (b)

     article 21 of the 1995 Order^f25, or

  3. (c)

     section 76 of the 2014 Act^f26.

Unless the context otherwise requires, any expression in these Regulations which is not listed in paragraph (1) and which is defined in the Act is to be construed in accordance with the Act’s definition.

Any reference in these Regulations to anything done in writing includes a reference to anything done in electronic form which is—

Where regulation 5(1) (temporary placement in residential care setting – requirements for effect of orders and arrangements) applies, a relevant order has effect as if it were a compulsory supervision order for the purposes mentioned in paragraph (3).

A deprivation of liberty order has effect as if it were a compulsory supervision order for the purposes mentioned in paragraph (3) where—

The purposes for which a relevant order, or as the case may be, a deprivation of liberty order have effect are—

Where regulation 5(1) (temporary placement in residential care setting – requirements for effect of orders and arrangements) applies, authorisation for a placing local authority to accommodate a child under the law in England and Wales or, as the case may be, Northern Ireland, by virtue of a provision mentioned in paragraph (2) has effect for the purposes mentioned in paragraph (3).

The provisions are—

The purposes are—

This regulation applies where a child is to be temporarily placed in a residential care setting and the conditions in paragraphs (2) to (4) are complied with.

The first condition is that the placing local authority has given, in writing, to each person mentioned in regulation 7 (persons to receive notice and undertaking in respect of temporary placement in residential care setting)—

The second condition is that, prior to the initial residential placement, an officer of the placing local authority—

The third condition is that the care home service being provided in the residential care setting in which the child is accommodated is registered with Social Care and Social Work Improvement Scotland in accordance with Chapter 3 of Part 5 of the 2010 Act.

The requirement referred to in regulation 3(2)(b) and 9(1)(b)(ii) is that a deprivation of liberty order has been reviewed and continued in effect by the court which made the order—

In this regulation, references to a deprivation of liberty order being “continued in effect” include references to that order being extended.

the Health Board which provides health services in the area in which the child is to be subject to an ongoing residential placement,

the registered manager,

the chief social work officer of the receiving local authority,

any person acting for the time being as chief education officer of the receiving local authority,

the Scottish Ministers,

the chief constable of Police Scotland, and

Social Care and Social Work Improvement Scotland.

the name of the child to be subject to an ongoing residential placement,

where applicable, the child’s preferred name,

the date of birth of the child,

the name of the placing local authority,

in respect of the child’s social worker within the placing local authority, their—

in respect of the residential care setting in which the child is to be subject to an ongoing residential placement—

in respect of the registered manager, their—

in respect of the child’s general practitioner, their—

the circumstances giving rise to an ongoing residential placement for the child,

the proposed date of entry of the child into the residential care setting in which they are to be placed,

the proposed educational arrangements for the child,

the legal authorisation for placement of the child in the residential care setting under the law of England and Wales, or as the case may be, Northern Ireland, and

the time that any relevant order or deprivation of liberty order—

Subject to paragraph (4), where an order or arrangement had effect under regulation 3(1), 3(2), 4(1) or 29(1) and a court in England and Wales or, as the case may be, Northern Ireland, makes an order changing the legal basis for the ongoing residential placement of a child in a registered residential care setting (“the new order”)—

For the purposes of this regulation, the reference to a court making an order changing the legal basis for the ongoing residential placement of a child is a reference to the court—

The purposes for which the new order has effect are—

Paragraph (1) does not apply in the case where a court makes a new relevant order which immediately has effect as if it were a compulsory supervision order in accordance with Part 15 of these Regulations (permanent transfers – effect of orders).

An officer of the placing local authority may transfer a child subject to an authorised residential placement from one registered residential care setting to another, subject to—

The conditions are that an officer of the placing local authority has—

updates the information in the notice previously given in accordance with regulation 5(2)(a), or as the case may be, regulation 30(2)(a), as appropriate,

submits any information updated in accordance with sub-paragraph (a) to the persons mentioned in regulation 7 (persons to receive notice and undertaking in respect of temporary placement in residential care setting), and

submits a copy of the undertaking previously given in accordance with regulation 5(2)(b) or as the case may be, regulation 30(2)(b) to any person mentioned in paragraphs (a) to (d) of regulation 7 who has changed by virtue of the new placement location.

Paragraph (2) applies where—

The chief social work officer may transfer the child to another residential care setting, despite the terms of the order, provided that it is a registered residential care setting.

Where the chief social work officer effects a transfer of the child under paragraph (2), they must inform the placing local authority as soon as reasonably practicable.

Paragraph (5) applies where the child is in another residential care setting, having been transferred there under paragraph (2).

Any order to which the child is subject applies in relation to that other residential care setting as it applies in relation to the residential care setting in which the child was accommodated prior to the transfer, but only until the earlier of the following occurrences—

comply with any conditions or requirements imposed on it by a relevant order or, as the case may be, a deprivation of liberty order having effect under an authorising residential provision,

ensure regular visits are made to the child in accordance with regulation 15 (requirement to visit child in residential care setting), and

undertake ongoing residential placement reviews in accordance with—

The placing local authority must from time to time investigate whether any conditions or requirements imposed under a relevant order or deprivation of liberty order having effect under an authorising residential provision are being complied with.

If the placing local authority considers that those conditions or requirements are not being complied with, it must take such steps as the placing local authority considers reasonable.

An officer of the placing local authority must visit a child in a residential care setting within one week of—

Unless paragraph (3) applies, an officer of the placing local authority must visit the child at intervals of not more than six weeks following the initial visit as mentioned in paragraph (1).

Where it is not reasonably practicable for any visit as mentioned in paragraph (2) to be undertaken, an officer of the placing authority must—

In addition to visits in accordance with paragraphs (1) and (2), or as the case may be, paragraph (3), an officer of the placing local authority must visit the child—

In this regulation, “improvement notice” means a notice issued by Social Care and Social Work Improvement Scotland under section 62(1) of the 2010 Act.

The placing local authority must undertake an ongoing residential placement review in accordance with—

The first review must be carried out within the period of one month, beginning with the date—

The second review must be carried out not more than three months after the date on which the first review was carried out.

The third and any subsequent reviews must be carried out at intervals of not more than six months following the previous review.

Any person mentioned in paragraph (2) may request in writing that the placing local authority carry out an ongoing residential placement review.

A person who may request an ongoing residential placement review is—

A placing local authority must respond to any request made under paragraph (1) within seven working days.

In response to a request made under paragraph (1), the placing local authority may—

Where an ongoing residential placement review is carried out following agreement under sub-paragraph (4)(a), this is to be taken into consideration in determining when the next review falls due under regulation 16.

A placing local authority must, as soon as possible, conduct an ongoing residential placement review in accordance with schedule 2 (ongoing residential placement review requirements) where—

Where an ongoing residential placement review is carried out as required under paragraph (1), this is to be taken into consideration in determining when the next review falls due under regulation 16.

Subject to paragraph (2), the Scottish Ministers must, as soon as reasonably practicable, inform a child of the availability of children’s advocacy services where a child is—

The Scottish Ministers need not comply with the requirement in paragraph (1) if, taking account of the age and maturity of the child, the Scottish Ministers consider that it would not be appropriate to do so.

The Scottish Ministers may enter into arrangements (contractual or otherwise) with any person other than a local authority, CHS or SCRA for the provision of children’s advocacy services.

For the purposes of this regulation, “children’s advocacy services” means services of support and representation provided for the purposes of assisting a child to convey their needs and views to the registered manager.

Where a child is temporarily placed with a foster carer and regulation 21(1) (temporary placement with foster carer – requirements for effect of orders) applies, a relevant order has effect as if it were a compulsory supervision order for the purposes mentioned in paragraph (2).

The purposes are—

This regulation applies where the conditions in paragraphs (2) to (4) are complied with.

The first condition is that the placing fostering authority has given, in writing, to each person mentioned in regulation 22 (persons to receive notice in respect of temporary placement with foster carer), a notice containing the information specified in regulation 23 (content of notice for temporary placement with foster carer).

The second condition is that, prior to the placement of the child with a foster carer, an officer of the placing fostering authority has—

The third condition is that the placing fostering authority has entered into a written agreement with the foster carer regarding—

the Health Board which provides health services in the area in which the child is to be subject to an ongoing foster placement,

the chief social work officer of the receiving fostering authority,

any person acting for the time being as chief education officer of the receiving fostering authority,

the Scottish Ministers,

the chief constable of Police Scotland, and

Social Care and Social Work Improvement Scotland.

the name of the child to be subject to an ongoing foster placement,

where applicable, the child’s preferred name,

the date of birth of the child,

the name of the placing fostering authority,

the name of the receiving fostering authority,

the name of the fostering service manager,

confirmation that an agreement has been entered into between the placing fostering authority and the foster carer,

in respect of the child’s social worker within the placing fostering authority, their—

in respect of the child’s general practitioner, their—

the circumstances giving rise to an ongoing foster placement for the child,

the proposed date on which the child will be placed with the foster carer,

the proposed educational arrangements for the child,

the legal authorisation for the placement under the law of England and Wales, or as the case may be, Northern Ireland, and

the time that any relevant order—

Subject to paragraph (3), where a relevant order has effect under regulation 20(1), or as the case may be, regulation 28(1), and a court in England and Wales or, as the case may be, Northern Ireland, makes an order changing the legal basis for the ongoing foster placement of a child (the “new order”)—

For the purposes of this regulation, the reference to a court making an order changing the legal basis for the ongoing foster placement of a child is to the court revoking a relevant order and making another relevant order, of the same or a different type.

The purposes for which the new order has effect are—

Paragraph (1) does not apply in the case where a court makes a new order which is a relevant order, which immediately has effect as if it were a compulsory supervision order in accordance with Part 15 of these Regulations (permanent transfers – effect of orders).

Subject to the terms of any order having effect under an authorising fostering provision, a child may be moved to reside at a new address or with a new foster carer where the conditions in paragraph (2) are met.

The conditions are that an officer of the placing fostering authority has—

This paragraph is complied with where the placing fostering authority—

This paragraph is complied with where the placing fostering authority enters into a written agreement with the foster carer regarding the matters and obligations in schedule 3 (matters to be covered in agreement between placing foster authority and foster carer) and any other matters or obligations as the placing fostering authority considers appropriate.

Where a child subject to a relevant order having effect under regulation 20(1), or as the case may be, regulation 24(1), is to be removed from a foster carer and placed in a residential care setting on a temporary basis, the conditions in paragraphs (2) to (4) must be met for the order to have effect as if it were a compulsory supervision order under this regulation, for the purposes mentioned in paragraph (5).

The first condition is that the placing local authority has given, in writing, to each person mentioned in regulation 7 (persons to receive notice and undertaking in respect of temporary placement in residential care setting)—

The second condition is that, prior to the placement of the child into the residential care setting, an officer of the placing local authority—

The third condition is that the care home service being provided in the residential care setting in which the child is accommodated is registered with Social Care and Social Work Improvement Scotland in accordance with Chapter 3 of Part 5 of the 2010 Act.

The purposes for which the relevant order has effect are—

Where a child subject to a relevant order having effect under regulation 3(1), or as the case may be, regulation 9(1), is to be removed from a residential care setting and placed with a foster carer on a temporary basis, the conditions in paragraphs (2) to (4) must be met for the relevant order to have effect as if it were a compulsory supervision order under this regulation, for the purposes mentioned in paragraph (5).

The first condition is that the placing fostering authority gives, in writing, to each person mentioned in regulation 22 (persons to receive notice in respect of temporary placement with foster carer) a notice containing the information specified in regulation 23 (content of notice for temporary placement with foster carer).

The second condition is that, before placing the child with the foster carer, an officer of the placing fostering authority—

The third condition is that the placing fostering authority enters into a written agreement with the foster carer regarding the matters and obligations in schedule 3 and any other matters or obligations as the placing fostering authority considers appropriate.

The purposes are—

Where a child subject to a relevant order having effect under regulation 20(1) or regulation 24(1) is to be removed from a foster carer and placed in a residential care setting following a court in England and Wales or, as the case may be, Northern Ireland making another relevant order, a relevant order of a different type or, as the case may be, a deprivation of liberty order (“the new order”)—

The requirements are that, before placing the child into a residential care setting, an officer of the placing local authority must—

The purposes are—

This regulation is complied with where the conditions in paragraphs (2) and (3) are met.

The first condition is that the placing local authority has given, in writing, to each person mentioned in regulation 7 (persons to receive notice and undertaking in respect of temporary placement in residential care setting)—

The second condition is that the care home service being provided in the residential care setting in which the child is accommodated is registered with Social Care and Social Work Improvement Scotland in accordance with Chapter 3 of Part 5 of the 2010 Act.

The requirement referred to in regulation 29(1)(b) is that a deprivation of liberty order has been reviewed and continued in effect by the court which made the order—

In this regulation, references to a deprivation of liberty order being “continued in effect” include references to that order being extended.

Where a child subject to a relevant order or a deprivation of liberty order having effect under regulation 3(1), 3(2) or as the case may be, 9(1), is to be removed from a residential care setting and placed with a foster carer following a court in England and Wales or Northern Ireland making a new relevant order or a relevant order of a different type to that to which the child was previously subject (“the new order”)—

The conditions are that, before placing the child with a foster carer, an officer of the placing fostering authority must—

The purposes are—

the placing fostering authority has given, in writing, to each person mentioned in regulation 22 (persons to receive notice in respect of temporary placement with foster carer), a notice containing the information specified in regulation 23 (content of notice for temporary placement with foster carer), and

the placing fostering authority has entered into a written agreement with the foster carer regarding the matters and obligations in schedule 3 (matters to be covered in agreement between placing foster authority and foster carer) and any other matters or obligations as the placing fostering authority considers appropriate.

comply with any conditions or requirements imposed on it by a relevant order having effect under an authorising fostering provision,

provide or secure the provision of all services required to support the placed child,

meet the costs arising from, or in consequence of, the child’s ongoing foster placement,

undertake visits and ongoing foster placement reviews in accordance with its written agreement with the foster carer, entered into in accordance with regulation 21(4), 28(4) or as the case may be, 33(b).

The placing fostering authority must from time to time investigate whether any conditions or requirements imposed under a relevant order having effect under an authorising fostering provision are being complied with.

If the placing fostering authority considers that those conditions or requirements are not being complied with, it must take such steps as the placing fostering authority considers reasonable.

Sections 168 to 171 of the Act apply, subject to the modifications specified in paragraphs (2) to (6) in relation to—

Section 168 (enforcement of orders) applies as if for subsection (3) there were substituted—

“(3)

In this section, “relevant order” means an order having effect under regulation 3(1), 3(2), 9(1), 20(1), 24(1), 27(1) or 28(1) of the Cross-border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations 2026.”.

Section 169 (child absconding from place) applies as if—

Section 170 (child absconding from person) applies as if—

Section 171 (offences related to absconding) applies as if—

For section 199 (meaning of “child”) substitute—

“Meaning of “child”

199.

In this Act, “child” means a person who is under the age of 18 years.”.

This regulation applies where it appears to the Scottish Ministers that—

The Scottish Ministers may give the placing local authority, or as the case may be, the placing fostering authority a notice in accordance with paragraph (3) of an intended application by them to enforce the authority’s duty.

The notice must—

In determining whether it appears that the placing local authority is in breach of a duty mentioned in sub-paragraph (1)(a), the Scottish Ministers may consider—

The Scottish Ministers may apply to the relevant sheriff for an order to enforce—

The relevant sheriff is a sheriff of the sheriffdom in which the principal office of the receiving local authority, or as the case may be, the receiving fostering authority is situated.

The Scottish Ministers may not make an application under this regulation unless—

The application is to be made by way of summary application.

The sheriff may, on an application by the Scottish Ministers under regulation 38, make an order requiring the placing local authority or, as the case may be, the placing fostering authority that is in breach of a duty mentioned in regulation 38(1) to carry out the duty.

Such an order is final.

Where a child subject to an authorised residential placement or, as the case may be, an authorised fostering placement is no longer to be accommodated or to reside within Scotland, the placing local authority or, as the case may be, the placing fostering authority must notify the persons mentioned in paragraph (2) of—

The persons to be notified of the matters mentioned in paragraph (1) are—

the Scottish Ministers,

Social Care and Social Work Improvement Scotland, and

the receiving local authority or, as the case may be, the receiving fostering authority.

A relevant order having effect under an authorising residential provision or an authorising fostering provision, or as the case may be, a deprivation of liberty order having effect under an authorising residential provision, ceases to have effect in accordance with the relevant authorising provision in the circumstance in paragraph (2).

The circumstance is that the child who is the subject of the relevant order or, as the case may be, the deprivation of liberty order becomes subject to a compulsory supervision order or interim compulsory supervision order.

This regulation applies where—

The care order has effect as if it were a compulsory supervision order (in respect of which, see regulation 47).

In this regulation “court” means the court which has given the approval in terms of paragraph 19(1) of schedule 2 of the 1989 Act.

This regulation applies where—

The supervision order, or education supervision order, has effect as if it were a compulsory supervision order (in respect of which, see regulation 47).

This regulation applies where—

The care order has effect as if it were a compulsory supervision order (in respect of which, see regulation 47).

In this regulation “court” means the court which has given the approval in terms of article 33(1) of the 1995 Order.

This regulation applies where—

The supervision order, or education supervision order, has effect as if it were a compulsory supervision order (in respect of which, see regulation 47).

In this regulation, “Education Authority” means the Education Authority established by section 1 of the Education Act (Northern Ireland) 2014^f1.

Where an order made in England and Wales or Northern Ireland has effect as if it were a compulsory supervision order by virtue of Part 15 of these Regulations, the provisions of the Act apply, subject to the modifications specified in paragraph (2), in relation to that order.

The modifications are that—

Subject to paragraphs (2) and (3), the following instruments are revoked—

Any order having effect as if it were a compulsory supervision order under the 2013 Regulations prior to the day on which the 2013 Regulations are revoked continues to have such effect until that order expires or is revoked.

The revocation of the 2022 Regulations has no effect in respect of—

Subject to the conditions in paragraph (5), any deprivation of liberty order having effect as if it were a compulsory supervision order under the 2022 Regulations prior to their revocation shall continue to have such effect until the end of the relevant period applicable on the day before these Regulations come into force.

The conditions are that—

Where a child is to remain accommodated in a residential care setting subject to a deprivation of liberty order after the end of the applicable relevant period mentioned in paragraph (4), these Regulations are to apply as if the child were subject to an initial residential placement.

In this regulation—

give the persons mentioned in paragraph 2(1) at least 10 working days’ notice of the matters specified in paragraph 4,

invite the persons mentioned in paragraph 2 to provide written representations before the date of the review if they are unable to attend,

consult with the placed child about the matters to be considered at the review, unless this is inappropriate having regard to the child’s age and understanding, and

consult with any other person they consider appropriate, considering the matters specified in paragraph 4.

The persons to be given notice of an ongoing residential placement review are—

The matters in relation to which a person mentioned in paragraph 1 must be given notice are—

An ongoing residential placement review must be undertaken and chaired by an officer of the placing local authority.

The officer of the placing local authority must ensure that—

The matters to which an officer of the placing local authority must have regard in conducting an ongoing residential placement review are—

any intended change of address,

any change in the composition of the household, any other change in personal circumstances, any other event affecting either the foster carer’s capacity to care for any child placed or the suitability of the household and any criminal convictions arising between their approval as a foster and subsequent reviews under the 2009 Regulations, and

any further request or application of a kind mentioned in paragraph 11 of the 2009 Regulations.

not to administer corporal punishment to the child placed with them,

to ensure that any information relating to the child placed, to the child’s family or to any other person, which has been given in confidence in connection with an ongoing foster placement is kept confidential and is not disclosed to any person without the consent of the placing fostering authority,

to comply with the terms of the agreement entered into in accordance with this Part of this schedule, to care for the child placed with the foster carer as if the child was a member of that person’s family and in a safe and appropriate manner and to promote the child’s welfare having regard to the placing fostering authority’s immediate and longer-term arrangements for the child,

to notify the placing fostering authority and the receiving fostering authority immediately of any serious illness of the child or of any other serious occurrence affecting the child,

to cooperate with arrangements made by the placing fostering authority, and

where the placement is terminated, to allow the child to be removed from their home by the placing fostering authority.

the objectives of the ongoing foster placement,

any care plan it has prepared in relation to the child,

the relevant order to which the child is subject,

the child’s personal history, religious persuasion, cultural and linguistic background and racial origin,

the child’s state of health and need for health care and surveillance, and the name of the child’s general practitioner during the ongoing foster placement, and

the child’s educational needs,