Scottish tribunal rules updated for UNCRC from 1 April

Scotland is updating how its tribunals handle cases that touch on children’s rights. The First-tier Tribunal for Scotland (Procedure Rules) (Miscellaneous Amendment) Regulations 2026 were made on 27 January 2026, laid before the Scottish Parliament on 29 January 2026, and take effect on 1 April 2026. For transparency: these dates and the rule changes are set out in the Regulations published on legislation.gov.uk.

Here’s the new headline concept you’ll see in tribunal papers: a “compatibility question”. In plain English, this is when someone argues that a law, or a public authority’s action, clashes with the UN Convention on the Rights of the Child (UNCRC). The 2024 Act defines the term and makes clear that weak or abusive claims can be rejected. What it means: if you think a decision breaches UNCRC rights, there’s now a named route to ask a tribunal to test it. (legislation.gov.uk)

When a compatibility question arises, the tribunal must tell three bodies-the Lord Advocate, the Children and Young People’s Commissioner in Scotland, and the Scottish Human Rights Commission. Any of them can join as a party for that issue. What it means: rights specialists can step in quickly to help the tribunal examine the point. (legislation.gov.uk)

You can raise a compatibility question at any stage in the case. You should set out the facts, the law you say applies, and why UNCRC rights are engaged. The tribunal can ask for more detail, hold a short separate hearing on the issue, and pause the wider case while it decides. Under the new rules, the notified bodies have 14 days to say they will take part and a further 7 days to file written submissions.

If the issue is significant, the First-tier Tribunal can refer the compatibility question to the Inner House of the Court of Session. Appeals from there can, in some situations, go to the UK Supreme Court. Even if a rights body did not join at first instance, it can still step in on appeal. What it means: big questions about children’s rights can be moved swiftly to senior judges to settle. (legislation.gov.uk)

These amendments apply across the Health and Education Chamber, Charity Appeals, Housing and Property, Tax, Social Security, Parking and Bus Lane Appeals, the Local Taxation Chamber, and Police Appeals. In practice, that reaches decisions about support in school, charity regulation, renting and repairs, devolved taxes, benefit decisions, parking penalties, council tax and non‑domestic rates, and senior police discipline.

One change teachers, families and learners will notice sits in the Health and Education Chamber: references to “views of the child” now read “views of the child or young person”. In simple terms, older teenagers are explicitly invited to share their views on the issue under dispute, and the tribunal must record and weigh what they say. What it means: if the case is about your education or support, your voice is clearly in scope.

Quick glossary for your notes. Compatibility question: a formal legal point alleging a clash with UNCRC rights. Intimation: the tribunal formally notifies the three bodies above that the question has arisen. Relevant authorities: the Lord Advocate, the Children and Young People’s Commissioner in Scotland, and the Scottish Human Rights Commission. Sist: the case is paused. Inner House: Scotland’s senior appeal court within the Court of Session.

Preparing for a tribunal after 1 April 2026? If you think a decision affects UNCRC rights, flag it early as a compatibility question and name the specific rights you rely on. Gather the facts, explain the impact on the child or young person, and consider asking for a short separate hearing on the point if it would help focus the case. Keep an eye on the 14‑day and 7‑day time limits for any interventions.

The bigger picture here is practical: Scotland is building children’s rights into everyday decision‑making, not just policy speeches. By giving tribunals a clear route to test decisions against the UNCRC-and by naming “young person” in the rules-the system encourages evidence‑led, rights‑aware decisions that centre lived experience. That’s the learning opportunity for all of us using or teaching about the justice system. (legislation.gov.uk)