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Scottish Court Fees 2026-2027 - Child Rights and Wellbeing Impact Assessment

Child Rights and Wellbeing Impact Assessment (CRWIA) relating to 6 Scottish Statutory Instruments (SSIs) providing for fees in the Scottish civil courts in the years 2026 to 2027.


Conclusion

As a result of the evidence gathered and analysed against all UNCRC requirements, what is the potential overall impact of this proposal on children’s rights?

Neutral

If you have identified a positive impact on children’s rights, please describe below how the proposal will protect, respect, and fulfil children’s rights in Scotland.

Not applicable

If a negative impact has been identified please describe it below. Is there a risk this could potentially amount to an incompatibility?

Not applicable

Mitigation Record:

What options have been considered to modify the proposal in order to mitigate a negative impact or potential incompatibility?

Court fees are set to support access to justice, and a range of mechanism including legal aid, fee exemptions and other protections are already in place to assist individuals who may have lower average incomes. These are viewed as sufficient to prevent particular disadvantage for specific groups or types of cases. Court fee income also supports the continued modernisation of the courts, including work that enables the participation of children and ensures their views are taken into account. Where children are a party to proceedings, the availability of legal aid provides an additional safeguard. As a result, no further modifications to the proposal were considered necessary.

As a result of the evidence gathered and analysed against all wellbeing indicators, will the proposal contribute to the wellbeing of children and young people in Scotland?

Safe: Yes

Healthy: Yes

Achieving: Not Applicable

Nurtured: Not Applicable

Active: Not Applicable

Respected: Not Applicable

Responsible: Not Applicable

Included: Yes

How will you communicate to children and young people the impact that the proposal will have on their rights?

An accessible CRWIA will be published.

Contact

Email: Luisa.McCreath@gov.scot

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