About the role
Incorporation of the UNCRC into Scots law places the Commissioner at the leading edge of child rights strategic
litigation. This is an incredibly exciting opportunity to use your legal skills to work on cases that will shape
the development of Scots law and drive real systemic improvements in children’s lives.
This pivotal role helps promote and safeguard children’s rights in accordance with the duties of the office as set
out in the Children and Young People (Scotland) Act 2003. Reporting to the Head of Legal, our Solicitors are
responsible for the lawful and effective discharge of the Commissioner’s powers and duties.
As a key member of staff, your principal role will be to exercise the Commissioner’s new strategic litigation power
brought in by the UNCRC (Incorporation) (Scotland) Act 2024.
We have already begun using those powers to deliver real impact on issues such as restrain in mental health settings,
best interests in eviction actions, access to justice in the tribunal system, and children’s rights in criminal
law proceedings.
The Commissioner is uniquely placed to play a leading role, taking the cases no one else can. You will join us as we
seek to take the next step, using our litigation powers creatively and strategically to address children’s
rights issues across a range of areas of law,
Working as part of the Legal Team, you will be responsible for ensuring the office achieves maximum strategic impact
by undertaking swift and robust, human rights analysis of cases and issues, providing advice, drafting
submissions, instructing agents and counsel, and directly legally representing the Commissioner where
appropriate. Where required by the Commissioner or Head of Legal, you will also provide advice on, and exercise
the Commissioner’s other statutory functions, including the investigation powers.
Alongside developing and maintaining relationships with key stakeholders, you will be expected to work directly with
children and young people to gain their views and understanding on various complex rights issues, this includes
working with our Young Advisers Group.
We’re looking for someone with significant experience of successfully undertaking litigation in a fast-paced
environment, and who evidences a commitment to rights-based practice, collaborative working and the highest
professional and ethical standards.
Proposals for secondments (a minimum of two years) are very welcome and will be considered on their merits.
Overview of the Children and Young People’s Commissioner Scotland
In 2003 the Scottish Parliament wanted to “make a real difference by creating an independent, high profile and
influential post” of Children and Young People’s Commissioner with a responsibility to promote and safeguard the
rights of everyone under 18 in Scotland or up to 21 if the young person is in care or has care experience.
Children and young people don’t have the same economic or political power as adults.
Adult systems aren’t designed around children’s needs and when things go wrong it’s much harder for them to get
justice. They need a champion who is an independent person able to challenge those in power.
The role of Commissioner must do that, whilst bringing together different parts of the political and institutional
systems and society in the best interests of the child. As well as being a champion for rights, a key part of
the job is to work with people who make decisions that affect children and young people’s lives so that they
deliver on their promises – for example within education, healthcare, housing and justice.
Decision makers must understand their rights obligations and include and listen effectively to children and young
people in order to do their jobs properly.
Overview of the Children and Young People’s Commissioner Scotland
In 2003 the Scottish Parliament wanted to “make a real difference by creating an independent, high profile and
influential post” of Children and Young People’s Commissioner with a responsibility to promote and safeguard the
rights of everyone under 18 in Scotland or up to 21 if the young person is in care or has care experience.
Children and young people don’t have the same economic or political power as adults.
Adult systems aren’t designed around children’s needs and when things go wrong it’s much harder for them to get
justice. They need a champion who is an independent person able to challenge those in power.
The role of Commissioner must do that, whilst bringing together different parts of the political and institutional
systems and society in the best interests of the child. As well as being a champion for rights, a key part of
the job is to work with people who make decisions that affect children and young people’s lives so that they
deliver on their promises – for example within education, healthcare, housing and justice.
Decision makers must understand their rights obligations and include and listen effectively to children and young
people in order to do their jobs properly.
Who we are
The Commissioner for Children and Young People Scotland is an independent statutory public body. The office has a
current budget of £1.76 million and a multidisciplinary team of 18 staff based in an office in Edinburgh but
working across Scotland. We promote and safeguard the human rights of everyone in Scotland up to 18 or up to 21
years old if the young person has care experience. Scotland’s children and young people have told us that they
need fierce champions for their human rights: people who share our values of bravery, independence, leadership,
participation, and respect.
You’d be joining the Commissioner and their hard-working, multidisciplinary and committed team, striving to influence
and drive progressive law, policy and practice with children’s human rights. We do this by:
- Raising awareness and understanding of children’s human rights.
- Reviewing law, policy and practice
relating to children’s human rights
- Promoting best practice by service providers
- Promoting,
commissioning, undertaking and publishing research to promote better implementation of children’s human
rights
In doing this, the Commissioner must have regard to the United Nations Convention on the Rights of the Child (UNCRC)
and act in a way that encourages equal opportunities.
We must also encourage the involvement of children and young people in the work of the office and consult relevant
organisations working with, and for children and young people, placing a particular emphasis on those who are
less likely to be included or listened to, and those whose rights are most at risk.
Why join us?
You’ll be valued as an essential part of a busy team, working every day to make an impact in children and young
people’s lives in Scotland.
You’ll also get the chance to work directly with children and young people.
We are a vibrant, multidisciplinary team who pride ourselves on living our values of bravery, respect, participation,
independence and leadership. Our work sits at the forefront of children’s rights in Scotland.
Our fantastic, purpose designed office allows us to work flexibly and welcome children from across Scotland. We
believe that The Children and Young People’s Commissioner Scotland is an amazing place to work.
Not only do we believe we have a friendly and ambitious team which sets us apart and ensures that the work we do is
of value to Scotland, we also provide all our employees with a very generous benefits package, rewarding them
for the work they do, and ensuring that work-life balance and wellbeing is top priority.
Our employee benefits package includes:
• Competitive Salary
• Access to the Civil Service Alpha Pension Scheme with generous employer pension contribution of 28.97%
• 30 days annual leave plus 11.5 observed public holidays
• Flexible working policies
• Enhanced wellbeing initiatives including our Healthy Living Allowance and access to our Employee Assistance
Programme offering shopping discounts, advice and counselling services.
The key strategic issues impacting on this post will be:
- Relevant domestic law including the Commissioner for Children and Young people (Scotland) Act 2003, the Children and Young People (Scotland) Act 2014 and the UNCRC (Incorporation) (Scotland) Act 2024
- International human rights instruments
- Developments in domestic and international human rights case law
- The Office’s Strategic Plan 2024-28