In July 2024 the UNCRC (Incorporation) (Scotland) Act 2024 incorporated the United Nations Convention on the Rights of the Child (UNCRC) into Scots law. This meant that Scottish public authorities including the First-tier Tribunal (FtT), must act compatibly with the UNCRC.
What is the UNCRC?
The UNCRC is an international treaty setting out the civil, political, economic, social and cultural rights of every child. Whilst no particular right is paramount, the following rights are likely to be directly applicable to the FtT:
a) Best interests of the child – Article 3
The best interests of the child must be a primary consideration in all decisions affecting them.
b) Right to life, survival and development – Article 6
c) Right to be heard – Article 12
Children have the right to express their views in matters affecting them, with those views given due weight according to age and maturity.
What changed in April 2026?
The First‑tier Tribunal for Scotland (Procedure Rules) (Miscellaneous Amendment) Regulations 2026 introduced a new route for raising children’s rights arguments in FtT cases, referred to as a ‘compatibility question’.
A compatibility question is likely to arise where a party argues that a decision breaches a child’s convention rights or the legislation permits outcomes inconsistent with those rights.
What happens if a compatibility question is raised?
If a tenant raises a valid compatibility question, the FtT must notify certain third-party bodies (including the Lord Advocate and the Children and Young People’s Commissioner) and give those bodies the opportunity to participate in proceedings. The FtT may hold a separate hearing on the compatibility question and can pause proceedings until that issue is fully determined.
Practical implications for the PRS
Post covid, the FtT has been required to consider the reasonableness of eviction. The incorporation of the UNCRC does not replace the existing framework. However, it does sharpen the focus on children’s rights within it. The FtT will require to ensure, in cases involving children, that children are properly identified, given the opportunity to express their views (where appropriate) and that this is reflected in its decision making.
How to prepare
As with Human Rights issues, UNCRC considerations are a complex area of law. It is therefore important to be prepared to address the FtT fully on tenancy circumstances from the outset.
Good practice includes:
- obtaining information and recording clearly where there are children in the tenancy
- keeping accurate and well‑documented records
- understanding that eviction timelines may be affected
Children’s rights arguments are set to become a routine part of housing litigation. Agents and landlords who understand that shift will be better placed to navigate disputes efficiently.
If you would like advice on how these changes may affect you, get in touch with the expert PRS team at prs@tcyoung.co.uk or visit tcyoung.co.uk.
