{"id":100710,"date":"2026-06-17T10:48:53","date_gmt":"2026-06-17T10:48:53","guid":{"rendered":"https:\/\/www.citylets.co.uk\/blog\/?p=100710"},"modified":"2026-06-17T10:48:53","modified_gmt":"2026-06-17T10:48:53","slug":"united-nations-convention-on-rights-of-the-child-and-the-new-tribunal-rules","status":"publish","type":"post","link":"https:\/\/www.citylets.co.uk\/blog\/united-nations-convention-on-rights-of-the-child-and-the-new-tribunal-rules\/","title":{"rendered":"United Nations Convention on Rights of the Child and the new Tribunal Rules"},"content":{"rendered":"

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.<\/p>\n

\"\"<\/a><\/p>\n

What is the UNCRC?<\/h2>\n

The UNCRC is\u00a0an international treaty setting out the civil, political, economic, social and cultural rights of every child.\u00a0 Whilst no particular right is paramount, the following rights are likely to be directly applicable to the FtT:<\/p>\n

a) Best interests of the child \u2013 Article 3<\/strong>
\nThe best interests of the child must be a primary consideration in all decisions affecting them.<\/p>\n

b) Right to life, survival and development \u2013 Article 6<\/strong><\/p>\n

c) Right to be heard \u2013 Article 12<\/strong>
\nChildren have the right to express their views in matters affecting them, with those views given due weight according to age and maturity.<\/p>\n

What changed in April 2026?<\/h2>\n

The First\u2011tier Tribunal for Scotland (Procedure Rules) (Miscellaneous Amendment) Regulations 2026 introduced a new route for raising children\u2019s rights arguments in FtT cases, referred to as a \u2018compatibility question\u2019.<\/p>\n

A compatibility question is likely to arise where a party argues that a decision breaches a child\u2019s convention rights or the legislation permits outcomes inconsistent with those rights.<\/p>\n

What happens if a compatibility question is raised?<\/h2>\n

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\u2019s 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.<\/p>\n

Practical implications for the PRS<\/h2>\n

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\u2019s 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.<\/p>\n

How to prepare<\/h2>\n

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.<\/p>\n

Good practice includes:<\/h2>\n