Placements of children in Scotland – implementation of the new law

Senior Trinity children law barrister, Justin Gray has a specialist interest in Scottish Placement cases and has published extensively on the topic, including a summary of the impact on English local authorities of the Cross-border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations 2026, and requirements to take advantage of the recognition of public law remedies in Scotland.

This was published in Local Government Lawyer and can be found here.

By way of follow-up, Justin delivered a pre-recorded webinar in June 2026 covering the latest position:

In the video, which will be of particular interest to local authority lawyers dealing with Scottish Placements, Justin explores the background, purpose and practical operation of the 2026 Regulations including:

• Recognition of English public law orders and section 20 status in Scotland
• Pre-placement requirements, notice provisions and undertakings
• Ongoing monitoring and enforcement obligations
• The legal effect of English orders in Scots law, compulsory supervision orders, deprivation of liberty authorisations, and the limits of the 2026 Regulations
• A reminder of the existing requirements within English law when planning a cross-border placement of a child in Scotland, and how they relate to the new requirements within the Scottish legislation
• Practical risks and unresolved issues

This seminar recording and its accompanying slides are made available for educational and information purposes only. The views expressed in it are those of the speaker. The contents do not constitute legal advice and should not be relied on as such. The speaker and Trinity Chambers accept no responsibility for the continuing accuracy of the contents, this area of law is constantly developing, and the presentation is based on the position in June 2026.

Contact Trinity Chambers’ Family Clerking team if you have a specific legal query relating to the presentation, email This email address is being protected from spambots. You need JavaScript enabled to view it..

About the speakers

Justin Gray Called in 1993, Justin Gray is a children law specialist at Trinity Chambers, covering all aspects of public law proceedings, private disputes including relocation and change of school cases, adoption, special guardianship, medical treatment, and surrogacy. Ranked in Tier 1 of the Legal 500 for family law for many years, Justin offers a first-class advisory and advocacy service, building on knowledge and experience acquired from practice across the North of England and in London. He provides clear, frank and comprehensive assessments of the prospects for a case, detailed advice as to tactics and evidence, and a tenacious approach in court when called for. This email address is being protected from spambots. You need JavaScript enabled to view it.