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While the Scottish Government does not collect statistical data on the total number of children and young people from a different legal jurisdiction who are currently in a care setting in Scotland, there is a range of data available which enables us to monitor cross-border placements made in to residential and secure care accommodation. This includes –

• The latest Secure Care Statistics which show that, on average, 22 children and young people from outside Scotland were in secure care in 2022-23.
• The Cross-Border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 , which require placing authorities from other jurisdictions to notify Scottish Ministers, and a range of other Scottish partners, of the placement of children and young people into Scotland who are subject to a Deprivation of Liberty Order. This information is collated and monitored by the Scottish Government. At the time of writing, there were a total of 10 live Deprivation of Liberty order placements notified to Scottish Government.
• A regulatory requirement for residential and secure care services to notify the Care Inspectorate when a child or young person moves in or out of placement in Scotland from a different legal jurisdiction within the UK. This data is collated by the Care Inspectorate and shared with the Scottish Government. From this data, we know, at time of writing there to be approximately 180 children and young people in residential and secure care who have been placed in Scotland from a different legal jurisdiction.

The Care Inspectorate inspects residential and secure care homes at least once each year and has a responsibility to ensure that services are upholding, protecting and promoting the rights of children and young people; meeting their needs; and keeping children, young people and others safe.

The Children (Care and Justice) (Scotland) Bill ("the Bill”) is currently proceeding through the Scottish Parliament and contains new powers in relation to cross-border placements. If passed by Parliament, the new powers in the Bill will enable Ministers to bolster the existing regulatory framework in relation to cross-border placements to protect and uphold the rights of all children placed in Scotland. This would include regulating for matters such as: notification of an amendment to/end of placements; ensuring appropriate access to services is secured such as health, education and any other supports that the child or young person may require for the duration of their placement; and transition planning for the child’s return to home jurisdiction.