From 1 April 2026, Scotland’s First-tier Tribunal will build children’s rights checks into everyday cases. Ministers signed off the First-tier Tribunal for Scotland (Procedure Rules) (Miscellaneous Amendment) Regulations 2026 on 27 January and laid them before Holyrood on 29 January. Signed by Minister for Victims and Community Safety Siobhian Brown, the changes create a common process across chambers.

What it means in practice: anyone in a tribunal case can raise a compatibility question - in plain terms, whether an Act or a public authority’s actions line up with the UN Convention on the Rights of the Child. Criminal cases are dealt with separately and tribunals can bat away points that look frivolous. That definition sits in section 31 of the 2024 Act. (legislation.gov.uk)

Once raised, the rules require the party to spell out the facts and the law. If it’s thin, the tribunal can order more detail. If it’s sound, the tribunal must write to three bodies - the Lord Advocate, the Children and Young People’s Commissioner Scotland, and the Scottish Human Rights Commission. They have 14 days to say they’ll step in, then seven days to file short submissions. The tribunal must share the papers and, if they take part, treat them as parties for that issue. The Act already provides for intimation and interventions; the SHRC has set out how it expects to use these powers. (legislation.gov.uk)

Tribunals can hold a short, separate hearing on the point and pause the rest of the case while the children’s rights question is decided. Even if the authorities sat out at first instance, they can still join at appeal and can ask to be told the outcome.

If a compatibility question needs a ruling from a higher court, the First-tier Tribunal can refer it to the Inner House of the Court of Session and must notify all sides and the three bodies above. The UNCRC Act sets out the route: tribunals with no onward appeal must refer; the Inner House can pass questions up to the UK Supreme Court in some circumstances. (legislation.gov.uk)

The rules touch almost every corner of the First-tier Tribunal: the Health and Education Chamber, the General Regulatory Chamber’s charity appeals and its parking/bus lane work, the Housing and Property Chamber, the Tax Chamber, the Social Security Chamber, the Local Taxation Chamber and the Police Appeals work now sitting in the General Regulatory Chamber.

There’s also a tidy but important wording change. Where chambers take the ‘views of the child’, the rules now say ‘child or young person’. For families in the Borders and beyond, that matters in Additional Support Needs cases where a 16‑ or 17‑year‑old wants their say on a school placement or support plan.

Think of a private rented eviction in Dumfries involving a 17‑year‑old. Under the new process, a representative could ask the tribunal to look at whether the authority’s approach fits UNCRC principles and the tribunal could pause the eviction until the point is decided. The same approach could feature in charity appeals, local tax disputes or even parking cases where a young person’s rights are in play.

The change hasn’t come out of nowhere. In May 2025 the Children and Young People’s Commissioner Scotland raised judicial review over the absence of UNCRC rules for tribunals; after a hearing in August, ministers committed to draft and consult on new procedures. These regulations deliver on that promise. (cypcs.org.uk)

For readers in the North who operate over the border - schools, councils, social landlords, charities and advice agencies - this is a practical to‑do list. Train staff to spot a compatibility question, plan for the 14‑ and 7‑day deadlines, gather evidence early and be ready for fast referrals to the Inner House. From 1 April, children’s rights checks will be part of the routine, not an afterthought.