Resources

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

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

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

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

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

Sheriff Appeal Court notes case highlights clash between procedure and need for flexibility when dealing with the interests of a child

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

Use of accepted grounds in children's hearings as evidence in criminal proceedings

Evidential burden on pursers in relocation cases

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

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

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

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

Sheriff court decision to refuse the grant of both direct and indirect contact to a Pursuer after consideration of the matters set out in Section 11(7) of 1995 Act

Sheriff Court decision on the correct test to be applied by a Children’s Hearing in considering whether to include a measure in a CSO prohibiting disclosure of a child’s place of residence

Child Law Network

A network established by Clan Childlaw to provide news and updates on child law developments in Scotland Read more

Damages awarded for historical sexual abuse

Ruling on the sheriff's failure to make an order for breach of contact order and contempt of court.

TJ v SB [2018] SAC (Civ) 15 Read more

Launch of Stand Up For Siblings

Clan Childlaw is a partner in the multi-agency partnership ‘Stand Up For Siblings’ being launched in March 2018. Read more

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

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

Contact – risk of ostracism from ultra-orthodox religious community - Appeal allowed

Re M (Children) [2017] EWCA Civ 2164 (on appeal from J v B [2017] EWFC 4) (Ultra-Orthodox Judaism: Transgender) Read more

Latest

Consultation Responses & Parliamentary Evidence

Click here to find public consultation responses and evidence provided by our team to the Scottish Government, Scottish Parliament and UK Parliament

Incorporation of the UN Convention on the Rights of the Child

The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill, currently before Scottish Parliament, would 'fully and directly' bring the UNCRC into Scots law. The legislation would mean public authorities and the law must respect and protect UNCRC rights.

What changes will the Children (Scotland) Bill make for children and young people?

The Scottish Parliament passed the Children (Scotland) Bill on 25th August 2020. Read about what is means here.

Have evictions been banned during Coronavirus? No.

3rd September 2020: Find out what you need to know about tenancies and evictions during Covid-19

What we do

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.

Legal Training

Our specialist training ensures you have a good working knowledge of Scottish child law in action, providing essential understanding to help you achieve positive outcomes for your clients.

Alison Reid

Principal Solicitor and Chief Executive

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.