Legal Duty for Play and Planning

Play Scotland works for children’s rights to be at the heart of placemaking to ensure their right to play and promote their wellbeing. As a result, the legal framework for play in planning is strong, with children’s right to have a say in planning for play opportunities now enshrined in Scots Law. This legal framework for play in planning is further strengthened by the UNCRC (Incorporation) (Scotland) Act 2024.

Since it was formed in 1998, Play Scotland has campaigned to influence a range of policies to address play as a social and spatial justice issue. Building on the 2008 Scottish Play Commission findings and 2013 Play Strategy for Scotland, Play Scotland continued to campaign for a Statutory Duty for play to be incorporated into Scottish law. The Play Sufficiency Duty, together with a Duty for Children’s Participation was included in the Planning (Scotland) Act 2019. Play Scotland worked with children and young people and stakeholders to advise the Scottish Government on the subsequent guidance and regulations. In addition to this, Play Scotland has co-created tools to ensure that children have a voice in planning, a higher priority in the public realm, can enjoy more street play and are provided with adequate resources, time, permission, and space to play and thrive.

Working in partnership with the Scottish Government and local authorities, Play Scotland has developed the key themes that make up a Play Sufficiency Assessment. These developments represent a game changing moment for children and young people’s participation in all policy areas in Scotland, further supported by UNCRC being incorporated into Scots law.

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