New cross-border residential care advocacy service

The Cross-border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations 2026 came into force on 9 February 2026. These regulations establish a formal framework for children from England, Wales or Northern Ireland who are placed in residential care within Scotland. These regulations are a vital tool in ensuring that children & young people moved away from their home jurisdictions have their rights upheld and their voices heard. EAAS have been funded by the Scottish Government to provide independent advocacy support for children & young people subject to this legislation.

Legal status

Under these regulations, various legal orders from other UK jurisdictions – such as care orders, supervision orders and Deprivation of Liberty (DOL) orders – are given effect in Scotland as if they were Compulsory Supervision Orders (CSO).

Right to access independent advocacy

Scottish Ministers to inform children of the availability of advocacy services as soon as reasonably practicable when initially placed. As well as periodic reviews, the child or any person can request an ongoing residential placement review in writing.

How partners can help

Advocacy is often the only independent check on a child’s welfare when they are far from home. We encourage all partners to:

• Check if a child in a Scottish residential or foster setting has been placed from elsewhere in the UK.
• Ensure the child knows they have a legal right to be told about advocacy services.
• Watch for gaps in the mandatory six-week visits or failures to implement review decisions.
• If you believe a child’s views are not being heard or their rights are being disproportionately interfered with, refer them to our service immediately.