Decision-making: children and young people's participation

Professional guidance

Scotland is the first country in the UK and the first devolved nation in the world to directly incorporate the UNCRC into domestic law.  The intent behind the UNCRC (Incorporation) (Scotland) Act 2024 is to deliver a proactive culture of everyday accountability for children’s rights across public services in Scotland so that we respect, protect and fulfil children’s rights. The Act provides legal protection for children’s rights in Scotland that is not currently available in any other part of the UK.  

Public authorities now have a legal duties in relation the UNCRC requirements in the Act. This means that a public authority must not act in a way that is incompatible with the UNCRC requirements when carrying out a relevant function. Children and their representatives who believe that a public authority’s action, proposed act or failure to act is incompatible with the UNCRC requirements in the Act, can now seek legal remedy through the courts.

We are supporting public authorities to understand and fulfil their UNCRC Act duties and take a children’s human rights approach in the design and delivery of services:  

• our children’s rights skills and knowledge framework (2025) provides access to resources and training on children’s rights, and on taking a children’s human rights approach, for the Scottish public authority workforce
• everyone has a responsibility to make sure children are safe. The national guidance for child protection in Scotland 2021 describes the responsibilities and expectations of everyone who works with children, young people and their families in Scotland
• the children’s rights guide for senior leaders in public services in Scotland was developed by the Improvement Service. It provides an introduction to the UNCRC and the UNCRC Act.
• the Improvement Service has also created a Getting Ready for UNCRC framework  for public authorities 

Useful professional reading on participation 

The following external links provide access to professional reading, engagement tools and resources which aim to support planning engagement with children and young people.

• the Seven Golden rules for Participation aims to help anyone working with and for children and young people to support them to understand, experience and exercise their participation rights.

• A Practical Guide to Including Seldom-Heard Children and Young People in Decision-Making
• the Lundy Model of Child Participation provides a way of understanding a child’s right to participation around four elements – space, voice, audience and influence. 
• the Scottish Youth Parliament have their Participation hub The Right Way
• The Participation and Engagement of Children and Young People: Our Principles and Guidelines 
• Learner Participation in Educational Settings (3-18)
• all organisations and services which support children and young people in Scotland follow the ‘Getting it right for every child’ approach, which is based on the United Nations Convention on the Rights of the Child (UNCRC).