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

To apply, please fill out the application form within the recruitment pack. Please email this to recruitment@cypcs.org.uk

Website: cypcs.org.uk

Facebook: facebook.com/cypcs

Twitter: twitter.com/cypcs

Instagram: @cypcs

Appointment to this post is subject to membership of the PVG scheme (Protection of Vulnerable Groups scheme). Where the contents of the PVG are not satisfactory we reserve the right to withdraw the offer of employment or terminate employment.

*Disability is defined as a physical or mental impairment, which has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities

*Care-experience includes anyone who has ever been looked after in local authority care (for instance if you have been in foster care/kinship care/residential care, or have been looked after at home on a compulsory order).

Successful candidates will be required to produce original certificates to verify qualifications and all applicants must have the right to work in the UK.