Children (Care and Justice) (Scotland) Act 2024

28 Regulation of care services providing residential accommodation to children

(1) The 2010 Act is amended as follows.

(2) In section 50 (standards and outcomes)—

(a) after subsection (1) insert—

“(1A) The Scottish Ministers may also prepare and publish specific standards and outcomes applicable to the care services mentioned in subsection (1B) in so far as they consist of, or include, providing residential accommodation to children in accordance with arrangements made for cross-border placements.

(1B) Those care services are—

(a) care home services which are provided wholly or mainly to children,

(b) school care accommodation services,

(c) secure accommodation services.”,

(b) in subsection (2), after “subsection (1)” insert “or (1A)”,

(c) in subsection (3), after “subsection (1)” insert “or (1A)”,

(d) in subsection (4), for “subsection (1)” substitute “subsections (1) and (1A)”,

(e) in subsection (5), for “subsection (1)” substitute “subsections (1) and (1A)”,

(f) at the end of subsection (7) insert “or (1A).”.

(3) After section 59 insert—

“59A Further provision in relation to registration of certain care services

(1) This section applies to an application made under section 59(1) for registration of any of the following care services—

(a) a care home service which is to be provided wholly or mainly to children,

(b) a school care accommodation service,

(c) a secure accommodation service.

(2) In addition to giving the information mentioned in section 59(2), the application must—

(a) give such information as may be prescribed about matters relating to cross-border placements,

(b) confirm that notice of the application has been given in the prescribed form to the persons mentioned in subsection (3), who are responsible for preparing a children’s services plan in accordance with Part 3 of the Children and Young People (Scotland) Act 2014 (“the 2014 Act”).

(3) Those persons are—

(a) the local authority for each area in which the service is to be provided, and

(b) the relevant health board (as defined by section 7(1) of the 2014 Act) for each such area.

(4) If an application does not include the confirmation required by subsection (2)(b), SCSWIS may not consider the application until such confirmation is given.”.

(4) In section 78 (regulations: care services), after subsection (2) insert—

“(2A) Regulations under subsection (2) may, in particular, impose specific requirements on any of the care services mentioned in subsection (2B) in so far as they consist of, or include, providing residential accommodation to children in accordance with arrangements made for cross-border placements.

(2B) Those care services are—

(a) care home services which are provided wholly or mainly to children,

(b) school care accommodation services,

(c) secure accommodation services.”.

(5) In section 105 (interpretation of Part 5), in subsection (1)—

(a) in paragraph (c) of the definition of “child”, after “purposes of” insert “sections 50(1A) and (1B), 59A and 78(2A) and (2B) and”,

(b) after the definition of “condition notice” insert—

• ““cross-border placement” means the placement of a child in a residential establishment in Scotland where—

  (a)

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

  (b)

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

  (i)

  an order made by a court in England and Wales or in Northern Ireland,

  (ii)

  any provision made by or under an Act of Parliament, an Act of Senedd Cymru, or Northern Ireland legislation (as defined by section 98(1) of the Northern Ireland Act 1998), whenever passed or made;”,

(c) after the definition of “relative” insert—

• ““residential establishment” means an establishment (whether managed by a local authority, a voluntary organisation or any other person) which provides residential accommodation for children for the purposes of the Social Work (Scotland) Act 1968, the Children (Scotland) Act 1995, the Criminal Procedure (Scotland) Act 1995 or the Children’s Hearings (Scotland) Act 2011;”.