Lawyer - Commercial

Solicitor – Full-time, 35 hours per week, Permanent contract.

Disabled candidates and candidates with care experience, who satisfy the essential criteria, will be invited for interview.*

Overview

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 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.

Key Responsibilities

• Exercise the Commissioner’s new strategic litigation power brought in by the UNCRC (Incorporation) (Scotland) Act 2024.
• Deliver real impact on issues such as restrain in mental health settings, best interests in eviction actions, access to justice in the tribunal system, and children’s rights in criminal law proceedings.
• Use litigation powers creatively and strategically across a range of law areas.
• Ensure 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.
• Provide advice on, and exercise the Commissioner’s other statutory functions, including the investigation powers, where required by the Commissioner or Head of Legal.
• Develop and maintain relationships with key stakeholders and work directly with children and young people to gain their views on complex rights issues.
• Represent the office in various public arenas and maintain professional networks.
• Ensure compliance with all relevant legal, regulatory, policy and professional standards.
• Monitor relevant case law domestically and internationally.
• Perform any other duties reasonably required by the Commissioner or Head of Legal.

Qualifications & 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; instructing cases in the Court of Session and/or Edinburgh; conducting complex child law proofs and appeals.
• The ability to analyse potential cases against a human rights framework and with reference to the Commissioner’s statutory functions.
• Experience in the use of appropriate technology (e. g., electronic case management systems and Microsoft 365).
• Commitment to a rights‑based approach to work, particularly to the meaningful participation of children and young people.
• Experience of public law and undertaking strategic litigation.
• A broader understanding of international law as it affects children and young people.
• Experience working with the office’s key stakeholders including the Scottish Parliament, Scottish Government, international organisations, or civil society.
• Experience working with children and young people.
• Knowledge, understanding and/or experience of the office’s work.

Benefits

• 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.
• Salary & Experience

Experience required: 7 years.

• Relevant Law & Policies
• Commissioner for Children and Young People (Scotland) Act 2003.
• Children and Young People (Scotland) Act 2014.
• UNCRC (Incorporation) (Scotland) Act 2024.
• International human rights instruments.
• Developments in domestic and international human rights case law.
• Office’s Strategic Plan 2024–28.
• Equality, Diversity & Inclusion

Disabled candidates and candidates with care experience, who satisfy the essential criteria for the post, will be invited for interview.*

*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).

About the Organisation

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.

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.

The Commissioner for Children and Young People Scotland is an independent statutory public body.

The office has a current budget of £1.76million and a multidisciplinary team of 18 staff based in an office in Edinburgh but working across Scotland.

Additional Disclaimers

Where the contents of the PVG are not satisfactory we reserve the right to withdraw the offer of employment or terminate employment.

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