Scottish Government responds to Commissioner

Background 

On 22 May 2025, the Commissioner raised a judicial review against Scottish Ministers for failure to make rules ensuring that UNCRC compatibility questions can be intimated to the Commissioner in Scottish Tribunals (including for example children’s hearings, the mental health tribunal and the ASN tribunal). 

The Commissioner has been concerned that while rules have been made for the Scottish courts, more than a year after implementation of the UNCRC Act, Tribunals (which routinely consider children’s rights issues) have been neglected.  

To date, the Commissioner has not received any intimation of UNCRC compatibility issues being raised in any Tribunal other than the ASN Tribunal. 

A procedural hearing in relation to this action took place on 15 August at the Court of Session in Edinburgh. 

Outcome 

We are pleased that raising the action has prompted Scottish Government to commit to drafting and consulting on rules, and to a timetable being offered to do so.  

Ministers have undertaken to draft rules by 22 September, begin a consultation process by 24 October and (subject to that consultation) lay Rules in the Scottish Parliament by mid-January 2026.  

Commissioner’s next steps 

The case has been sisted until November, at which point the Commissioner will take a clear position on the extent to which the Scottish Government has made sufficient progress towards meeting its statutory responsibilities in a manner which ensures the effective realisation of children and young people’s rights.   

The Commissioner is committed to taking cases that are strategic in nature. This action supports that commitment by addressing an issue that significantly impacts on the effective operation of the UNCRC Act and respect for the will of the Scottish Parliament.  

We are grateful to the court, and to our counsel Paul Reid KC and Tony Convery.