Scottish Ministers have approved the Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2026. Made on 23 January 2026 and laid before the Scottish Parliament on 27 January, they come into force on 1 April 2026 and introduce a formal process for handling UNCRC compatibility questions within children’s hearings.
Under the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024, a “compatibility question” covers whether devolved legislation is inconsistent with UNCRC requirements and whether a public authority has acted, or proposes to act, in a way made unlawful by section 6. The Amendment Rules apply that framework in the tribunal setting of children’s hearings. (legislation.gov.uk)
The new rule confirms that a compatibility question may be raised at any stage in proceedings, orally or in writing. It can be raised by the child, any relevant person, a safeguarder, or an individual afforded an opportunity to participate under rule 2A of the 2013 Rules, a status created by the 2021 amendments. (legislation.gov.uk)
On receipt, the children’s hearing may require fuller particulars and must assess whether the contention is frivolous or vexatious, reflecting section 31(3) of the 2024 Act. If satisfied that a compatibility question is properly raised, the hearing must direct the Reporter to intimate it in writing to the Lord Advocate, the Commissioner for Children and Young People in Scotland and the Scottish Commission for Human Rights. (legislation.gov.uk)
Intimation must set out the issues raised, include all documents relevant to the compatibility question and, where known, each party’s position. A relevant authority that intends to intervene must notify the Reporter within 14 days of receipt (or any other period the hearing specifies) and provide written submissions within 7 days after giving that notice. The hearing should then take appropriate steps to enable the relevant authority to participate as a party so far as the case concerns the compatibility question.
Where a compatibility question is referred by the hearing to the Inner House of the Court of Session for determination, the hearing must notify all parties and the relevant authorities, and share the details and documents on which the question turns. Such references sit within the Act’s route for moving compatibility questions to the higher courts. (legislation.gov.uk)
The intervention route mirrors provisions elsewhere in the civil and criminal courts. Section 34 of the 2024 Act enables the Lord Advocate, the Commissioner for Children and Young People in Scotland and the Scottish Commission for Human Rights to take part as parties where a compatibility question arises. Court rule changes set similarly compressed filing windows, including a 7‑day deadline for written submissions in appeals and a 48‑hour deadline for criminal interventions. (legislation.gov.uk)
For practitioners, the immediate task is operational. The Scottish Children’s Reporter Administration will need to embed the intimation step, update notifications and record‑keeping, and plan for participation by the relevant authorities as parties to the compatibility issue. Panel members and representatives should sequence any compatibility points early so that hearing time is used efficiently and the child’s welfare and the avoidance of delay remain central under section 25 of the 2011 Act. (legislation.gov.uk)
The rules require the Reporter to transmit the issues raised and all documents relevant to the compatibility question. This sits alongside the 2013 Rules’ existing requirements on the handling and security of case materials, including duties on panel members and safeguarders to keep documents secure and return them after the hearing. (legislation.gov.uk)
Budgeting and case management should also account for potential cost exposure where interventions occur. Section 38 of the 2024 Act permits a court or tribunal to award additional expenses incurred because of participation by the Lord Advocate, the Commissioner or the Scottish Commission for Human Rights, regardless of the outcome on the compatibility question. (legislation.gov.uk)