From 1 April 2026, Scotland’s Mental Health Tribunal will formally test cases against the UN Convention on the Rights of the Child. Any party will be able to ask the tribunal to consider a “compatibility question”, with formal notice going to the Lord Advocate, the Children and Young People’s Commissioner Scotland and the Scottish Human Rights Commission, as set out in the 2024 Act. (legislation.gov.uk)

A compatibility question is a tightly defined legal point. Under section 31 of the UNCRC (Incorporation) (Scotland) Act 2024, it covers whether devolved legislation is incompatible with UNCRC requirements, or whether a public authority has acted unlawfully under the Act. Frivolous or vexatious claims do not qualify. (legislation.gov.uk)

The new tribunal rules create a clear route to raise these issues at any stage of a case. Once raised, the tribunal will notify the relevant authorities and can set directions for written arguments and evidence. This operationalises the Act’s duty to intimate compatibility questions to those authorities so they can decide whether to join the case. (legislation.gov.uk)

If a compatibility question needs a ruling from a higher court, the tribunal can refer it to the Inner House of the Court of Session. Appeals from the Inner House can then go to the Supreme Court where permitted. Expect some rights points to be heard separately from the rest of the case to avoid delay. (legislation.gov.uk)

This shift follows pressure from children’s rights bodies. In 2025, the Children and Young People’s Commissioner raised judicial review over the lack of tribunal rules to ensure proper intimation of UNCRC issues. “We are pleased that raising the action has prompted Scottish Government to commit to drafting and consulting on rules,” the office said at the time. (cypcs.org.uk)

Why it matters on our side of the Border: cross‑border care is routine. As at 31 October 2025, officials counted around 101 children placed in residential care in Scotland from elsewhere in the UK, including 94 from England. When rights issues arise while a child is in Scotland, legal processes frequently run there - making these rules directly relevant for families in Cumbria, Northumberland and the North East. (gov.scot)

The traffic also runs the other way. Scotland has limited specialist inpatient options for some learning‑disabled children, so families are sometimes sent to units in England - often within the North East’s NHS services - underlining how often judges, clinicians and lawyers along the A1 and M6 handle cross‑border decisions. (gov.scot)

In practical terms, anyone raising a rights point will be expected to set out the facts and the legal grounds clearly. Once notified, the Lord Advocate, the Commissioner and the SHRC can take part in that part of the case and file submissions, bringing extra scrutiny to the tribunal’s decision‑making. (legislation.gov.uk)

The Scottish Human Rights Commission is already inviting notifications of UNCRC compatibility questions and says it will prioritise interventions linked to access to justice and places of detention. Practitioners should expect more specialist input on children’s rights in tribunal hearings from April. (scottishhumanrights.com)

For northern solicitors and advocates who act across the Border, the takeaway is straightforward: build UNCRC checks into case preparation and be ready for a standalone hearing on the rights point - or a swift reference to the Inner House - once the rules start on 1 April. (legislation.gov.uk)