UNCRC Incorporation in Scotland: What it means for Children Services Planning and the third sector

Scotland’s incorporation of the UNCRC into domestic law is a landmark moment for children’s rights, but what does it mean in practice for Children’s Services Planning and the third sector? As work begins on the new 2026–2029 Children’s Services Plans, Hannah Priest, project lead on Supporting the Third Sector (STTS) reflects on why UNCRC incorporation matters now, and introduces a newly-launched resource designed to support the third sector and partners.

The UNCRC (Incorporation) (Scotland) Act 2024 marked a major step forward for children’s rights in Scotland by directly incorporating the United Nations Convention on the Rights of the Child (UNCRC) into domestic law in Scotland within the limits of devolved competence. This means public authorities now have a legal duty to respect, protect and fulfil children’s rights in their work.

While this is a significant and welcomed legislative change, it builds on years and years of good practice in Scotland. As a sector we have already been using UNCRC as a framework to ensure that we consider children’s rights whenever we make decisions. Therefore, while certain legal aspects have changed and have been incorporated, best practices have not changed: all organisations should continue to strive to meet the requirements of the UNCRC and how it relates to other polices such as GIRFEC, the Wellbeing Indicators and the Promise.

Children’s Services Plans 26 – 29

This is particularly important as Health and Social Care Partnerships (HSCPs) and their equivalents will be in the process of developing their new Children’s Services Plans as we come to the end of the 2023 – 2026 cycle of plans. For the first time the new 2026-2029 plans will need to comply with UNCRC Legislation: HSCPs will have to ensure that children’s rights are embedded within these plans, and that children and young people’s voices are meaningfully included.

The third sector plays a vital role in this landscape due to their unique position in localities and their expertise from working with local children, young people and their families. It is important therefore that the third sector is supported in developing a clear understanding of how UNCRC Incorporation impacts the third sector and children’s services planning. Through the Supporting the Third Sector Project, we heard directly from Third Sector Interfaces many questions relating to this and in response have produced a new resource: UNCRC Incorporation and Children’s Services Planning

UNCRC Incorporation and Children’s Services Planning Resource

This resource provides summaries of what the UNCRC Incorporation Scotland Act is, how it fits within the wider policy context, how it impacts the third sector and its relationship with children’s services planning. The resource includes clear summaries and a resources section linking to key legislation, guidance, training and further reading. While designed for the third sector, it can be used by anyone, whether they are new to their role, looking for a refresher, or as a starting point for further learning.

If you have any questions about the above, the UNCRC Incorporation and Children’s Services Planning resource, or the Supporting the Third Sector Project please contact Hannah Priest, Participation and Policy Officer at hpriest@childreninscotland.org.uk