Accommodation for cross-border placement

Schedule 1 applies when an authority in any of the four UK countries is arranging ‘accommodation’. The meaning of accommodation differs according to the legislation in each country. Thus, for the purpose of a cross-border placement:

The meaning of accommodation is based on the legislation of the country where the person has been placed. It is not the meaning that applies in the country of the placing authority. So, for example, if a person is moved from England into supported living accommodation in Wales, this could not constitute a cross-border placement made under Schedule 1 (since the definition of accommodation in Wales does not include supported living). Whereas, if a person is moved from Wales into supported living accommodation in England, this could constitute a cross-border placement for the purposes of Schedule 1.

Local authorities in Scotland that intend to make arrangements for a person’s accommodation ‘outwith’ Scotland should be mindful, however, of the Community Care (Provision of Residential Accommodation Outwith Scotland (Scotland)) Regulations 2015 (SI 202/2015). These regulations define the type of accommodation (known as an ‘appropriate establishment’) into which Scottish local authorities can place individuals cross-border, presently, as being only a care home.


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  • Cross-border placements