Expectations for upholding the rights of children and young people from England, Wales and Northern Ireland in residential care settings in Scotland
In our Cross border thematic review (2024) placing agencies reported not being able to fully act from a place of rights-based, empowered decision making, despite good intentions. It is therefore crucially important children and young people placed from England, Wales and Northern Ireland are offered independent advocacy to ensure their rights and needs are being met.
The Cross-Border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations 2026 provided for independent advocacy to all children subject to cross-border placements into residential care in Scotland. This advocacy is delivered as an extension of the national Children’s Hearings advocacy scheme. The Scottish Government funds a designated organisation in each local authority area (as listed on the Hearings Advocacy website). This organisation is responsible for making the offer of advocacy to each eligible child and, where accepted, providing independent advocacy throughout their placement.
We expect providers to pro-actively support the funded advocacy organisation to contact young people on every occasion a placement is accepted, even if other advocacy provision is in place. This will ensure that the young person is aware of what independent advocacy is and how it can help, and that they have the information they need to make the right choice for themselves.
If you have any questions about advocacy provision for cross-border placements, please contact
The above information is from a Care Inspectorate Provider update for children and young people's services from the Care Inspectorate Wed 09/09/2026