Meeting of the Parliament 03 February 2026 [Draft]
Today’s debate focuses on proposed changes to UK legislation. The changes would give the Scottish ministers powers to make provisions that are consequential on devolved aspects of the Children’s Wellbeing and Schools Bill in respect of community-based and secure accommodation.
In June 2025, the Scottish Parliament agreed to a motion extending provisions within the Children’s Wellbeing and Schools Bill to Scotland, allowing children from Scotland to be placed in community-based settings in England, once they are developed and if they are judged to be in the children’s best interests. It is already possible for children living in Scotland to be placed in secure accommodation in England, although that is rarely done. Importantly, this change does not alter Scotland’s existing decision-making processes, nor does it change our commitment to reducing cross-border placements wherever possible. As was made clear during last year’s parliamentary debate, placements into provision in England should occur only in exceptional circumstances and, especially, should not occur in response to capacity pressures.
Members will be acutely aware of the previous challenges that we have faced around secure accommodation capacity in Scotland. Although 16 of Scotland’s 70 beds are currently vacant, our work with providers and partners to restore and enhance that capacity continues. On 8 January, we launched a 14-week public consultation on the future of secure care in Scotland, which includes questions on the potential development of community-based accommodation in Scotland. We welcome views on how secure provision should evolve to ensure that we continue to meet the needs of our children and young people.