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 restraint 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.
Key responsibilities
1. Strategic Litigation - ensuring that the office makes effective use of its litigation powers including by undertaking swift and effective assessment and human rights analysis of cases, providing advice, drafting submissions, instructing agents and counsel, and directly legally representing the Commissioner where appropriate.
2. Investigation - ensuring the office makes effective use of its investigation powers including by drafting terms of reference, carrying out, and reporting on investigations.
3. Where required by the Commissioner or Head of Legal, advising on and exercising the Commissioner’s statutory functions.
4. Working directly with children and young people to ensure their voices appropriately inform the work of the office.
5. Representing the office in various public arenas.
6. Maintaining and developing relationships and networks with stakeholders.
7. Ensuring compliance with all relevant legal, regulatory, policy and professional standards.
8. Monitoring relevant case law domestically and internationally.
9. Working collaboratively both internally and externally to achieve the Commissioner’s strategic objectives.
10. Any other such duties as the Commissioner or Head of Legal may reasonably require.
Skills and experience
Essential Criteria: Qualifications and Experience
* Hold or be eligible to immediately apply for a valid Practising Certificate as a solicitor in Scotland.
* A minimum of seven years post‑qualification experience as a solicitor in a relevant area of law.
* Evidence of conducting high‑gravity litigation including at least one of the following: public law / instructing judicial reviews, or instructing cases in the Court of Session and/or Edinburgh agency work, or conducting complex child law proofs and appeals.
Essential Criteria: Knowledge and Skills
* The ability to analyse potential cases against a human‑rights framework and with reference to the Commissioner’s statutory functions.
* The capacity to undertake high volumes of work, prioritise efficiently and deliver to strict deadlines.
* Sound judgement and decision‑making skills.
* An excellent ability to develop, manage and maintain internal and external stakeholder relationships.
* Experience in the use of appropriate technology e.g. electronic case management systems and other IT tools and suites such as Microsoft 365.
Essential Criteria: Values, Ethics and Integrity
* Commitment to a rights‑based approach to work, and in particular to the meaningful participation of children and young people.
* Commitment to maintaining the highest standards of professionalism, trustworthiness and integrity.
* Commitment to a positive, constructive approach to collaborative working in a team.
Desirable Criteria
* Extended rights of audience.
* Experience of public law.
* Experience of undertaking strategic litigation.
* Experience of carrying out formal investigations and/or inquiries.
* A broader understanding of international law as it affects children and young people.
* Experience of working with the office’s key stakeholders including the Scottish Parliament, Scottish Government, international organisations, or civil society.
* Experience of working with children and young people.
* Knowledge, understanding and/or experience of the office’s work.
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.
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 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.
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.
How to apply
To apply, please fill out the application form within the recruitment pack.
Email this to recruitment@cypcs.org.uk
Website: www.cypcs.org.uk
Facebook: www.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.
#J-18808-Ljbffr