Scotland’s Commissioner for Children and Young People (SCCYP) is a post in Scotland whose main task is to promote and safeguard the rights of children and young people. The position was established by the Commissioner for Children and Young People Act of 2003.

Commissioner responsibilities

The Commissioner must review law, policy and practice relating to the rights of children and young people with a view to assessing their adequacy and effectiveness. Specific regard must be had to any relevant provisions of the United Nations Convention on the Rights of the Child, especially those requiring that the best interests of the child be a primary consideration in decision-making, and that due account be taken of the views of affected children and young people.

The Commissioner cannot intervene in individual cases, however these can highlight issues affecting a broader range of children and young people and these issues can be investigated by the Commissioner. After an investigation the Commissioner can make recommendations to the Scottish Parliament on what action they feel is deemed appropriate.

The Commissioner consults with children and young people on a regular basis via the SCCYP website and SCCYP participation groups, such as the Care Action Group and the Young People's Health Advisory Group, where young people advise the Commissioner on what issues affect them and other young people.

One other group which the Commissioner can use is the Reference Group which was set up to act as a sounding board for all the issues which might affect children and young people in Scotland, they meet at least every 8 weeks. The Commissioner's duties apply to all children and young people under 18, and all children and young people up to 21 who have been in care or looked after by a local authority, and are living in Scotland.

Commissioner selection

The current Commissioner, Kathleen Marshall, who was appointed by Queen Elizabeth in April 2004, after a selection process which included her being interviewed by two groups of young people.

Marshall was appointed for a period of five years, with the possibility of a further five-year period. Before taking up her post as Commissioner, Marshall worked as a child law consultant and from 1989-1994 she was the Director of The Scottish Child Law Centre. She is currently a visiting professor at the Glasgow Centre for the Child and Society at the University of Glasgow.