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  1. Home
  2. Case Summary

Case Summary

“Best Interests of the Child” assessment in cases concerning temporary relocation

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Published: 18th March, 2020

Updated: 30th April, 2020

Author: Millie Harris

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  • Case Summary
  • Resources

A Scottish local authority Council breached its duty to provide an adequate plan to support an autistic child’s return education

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Published: 12th April, 2018

Updated: 16th March, 2020

Author: Janet Cormack

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  • Case Summary
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Appeal of decision to refuse interim indirect contact by video call found incompetent

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Published: 30th November, 2020

Author: Millie Harris

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  • Case Summary

Appeals against a sheriff’s decision on appeal from a children's hearing decision should be an exceptional event

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Published: 31st May, 2018

Updated: 16th March, 2020

Author: Janet Cormack

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  • Case Summary
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Best interests of children a relevant consideration in discretionary extension of judicial review time bar

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Published: 18th March, 2020

Author: Millie Harris

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  • Case Summary
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City of Edinburgh Council granted permanence order with authority to adopt

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Published: 6th April, 2020

Updated: 30th April, 2020

Author: Millie Harris

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  • Case Summary

Court of Session judgment concerning discretionary leave to remain and the distinctive position of Scottish students regarding tuition fees

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Published: 18th March, 2020

Updated: 30th April, 2020

Author: Millie Harris

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Court of Session judgment concerning return orders under the Child Abduction and Custody Act 1985, and the need to take a child-centred approach

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Published: 2nd September, 2020

Author: Millie Harris

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  • Case Summary

Damages awarded for historical sexual abuse

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Published: 2nd August, 2018

Updated: 16th March, 2020

Author: Janet Cormack

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Evidential burden on pursers in relocation cases

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Published: 17th March, 2020

Author: Millie Harris

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  • Case Summary
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Evidential evaluation of hearsay statements of sexual abuse/inappropriate sexual contact from a child in civil proceedings

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Published: 17th March, 2020

Author: Millie Harris

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Father of young children loses appeal against ‘no contact’ order

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Published: 7th October, 2020

Updated: 9th October, 2020

Author: Millie Harris

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High Court reduces sentence of teenager convicted of knife offence to better promote best interests of the appellant and his re-integration into society

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Published: 2nd September, 2020

Author: Millie Harris

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Petitioner asserting de facto parental relationship with nephews successfully challenges refusal of leave to appeal

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Published: 18th March, 2020

Updated: 30th April, 2020

Author: Millie Harris

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Proof concerning contact arrangements and the appropriateness of an order requiring parental cooperation

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Published: 17th March, 2020

Author: Millie Harris

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Proof on whether the children's mother had subjected them to unnecessary medical treatment

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Published: 17th March, 2020

Author: Millie Harris

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Refusal to grant permanence order - failure of local authority to show permanence necessary

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Published: 21st March, 2018

Updated: 16th March, 2020

Author: Janet Cormack

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Regarding the effect an acquittal in the criminal courts has on established grounds in the Children’s Hearings system

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Published: 17th March, 2020

Author: Millie Harris

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Regarding the exercise of case management by a sheriff at Child Welfare Hearings

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Published: 17th March, 2020

Author: Millie Harris

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Reliance by sheriff on child's evidence from joint investigative interviews to establish s67 grounds was not contrary to right to a fair hearing

NM v CHILDREN’S REPORTER and IM, Sheriff Appeal Court [2017] SAC (Civ) 37 Read more

Published: 3rd April, 2018

Updated: 16th March, 2020

Author: Janet Cormack

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  • Case Summary

Reliance of facts established at a grounds referral proof when considering a permanence order

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Published: 17th March, 2020

Author: Millie Harris

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Removal of children by mother from Italy to Scotland held to have been with father's consent

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Published: 17th March, 2020

Updated: 30th April, 2020

Author: Millie Harris

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Return order under Child Abduction and Custody Act 1985 refused for Italian child placed in temporary foster care

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Published: 2nd September, 2020

Author: Millie Harris

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Ruling on siblings' participation in children's hearings

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Published: 1st August, 2018

Updated: 16th March, 2020

Author: Janet Cormack

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  • Siblings
  • Case Summary
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Showing 10 of 32

Latest

  • Sarah Campbell

    Trainee Solicitor

  • Abi Wood

    Trainee Solicitor

  • Urgent Homelessness Advice - Covid 19

    Urgent Homelessness Advice - Covid 19

    If you need somewhere to live or are worried that you might become homeless contact us for help.

  • Coronavirus - Support and Information

    Coronavirus - Support and Information

Most read

  • What we do

    What we do

    We are lawyers for children and young people in Scotland. We use our legal knowledge, and what we learn from the children we work with, to find ways to make the law work better for children and young people.

  • Law student essay competition

    Law student essay competition

    To mark our 10-year anniversary, we asked law students around Scotland: What is the biggest children’s rights issue in Scotland and how can the law be used to resolve it? Congratulations to winner Michael Malvenda!

  • Child law case summaries

    Summaries of cases undertaken by Clan Childlaw.

  • Training

    Training

    We provide lawyer-led training about children's rights and the law in Scotland. We use our legal expertise and experience to train lawyers, advocates, and frontline workers who support children and young people.

  • Alison Reid

    Principal Solicitor and Chief Executive

  • Sibling rights

    Sibling rights

    We have long called for the law to be changed to prioritise care experienced children and young people's sibling relationships and are delighted that these changes were recently passed by the Scottish Parliament

  • Get legal help for a child or young person

    Get legal help for a child or young person

    Information for professionals, support, advocacy, and advice workers or foster carers seeking help with the law or a legal problem for a child or young person they are working with. You will find frequently asked questions, case studies and other information on this page.

  • Clan at 10

    Clan at 10

    Events & Fundraising marking our 10th anniversary

  • A-Z resource library

    A-Z resource library

    Comprehensive library of material relating to children and young people's rights. This is reference point for all legal questions and problems children and young people might have.

  • Volunteer

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Training

Training

We provide lawyer-led training about children's rights and the law in Scotland. We use our legal expertise and experience to train lawyers, advocates, and frontline workers who support children and young people. Read more

Published: 25th January, 2018

Updated: 14th January, 2021

Author:

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  • Training
  • Training diary
Launch of the Care Leavers' Law Service

Launch of the Care Leavers' Law Service

On 18th June 2019 we welcomed nearly 100 colleagues from across the sector to the Lighthouse in Glasgow for an engagement and launch event for our new Care Leavers’ Law Service, a 5-year, Scotland-wide project funded by the Esmee Fairbairn Foundation. Read more

Published: 26th June, 2019

Updated: 21st April, 2020

Author: Parisa Shirazi

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  • News
  • Milestones
UNCRC incorporation in Scotland - our consultation response

UNCRC incorporation in Scotland - our consultation response

28th August 2019 - We are delighted the Scottish Government has committed to incorporating the United Nations Convention on the Rights of the Child into Scots law. Read our response to the public consultation. Read more

Published: 27th August, 2019

Updated: 29th August, 2019

Author: Janet Cormack

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  • News
What changes are there to children’s hearings during Covid-19?

What changes are there to children’s hearings during Covid-19?

New laws have been put in place for children’s hearings and for looked after children during Covid-19. This blog explains what it means. Read more

Published: 16th April, 2020

Updated: 3rd September, 2020

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  • Opinion and analysis blog
Courts Update

Courts Update

Read about what to expect if you are involved in a case in the Scottish courts. Read more

Published: 3rd September, 2020

Updated: 14th January, 2021

Author: Janet Cormack

Related topics:
  • Coronavirus - Support and Information
  • Opinion and analysis blog

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