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  1. Creating change
  2. Strategic Litigation

Strategic Litigation

Strategic litigation as a means to create change

Court judgments which uphold the rights of individuals can be key to bringing about broader social change. The Scotland Act 1998 and the Human Rights Act 1998, by integrating the rights guaranteed by the European Convention on Human Rights, are key tools in holding decision-makers to account for their respect for human rights. We see strategic litigation as a tool with the potential to further realise the rights of children and young people and thereby improve their lives.    

The law in Scotland on who can bring judicial review proceedings changed relatively recently and gives organisations such as charities the opportunity to engage in public interest litigation by challenging decision-makers in the Court of Session. 

Interest in third party interventions in cases before the Scottish courts is increasing. Clan Childlaw recently intervened in two cases:

  • The ‘Named person’ case in the Court of Session and the Supreme Court – read more here.
  • AB v Her Majesty’s Advocate in the Supreme Court – read more here.

Children's Rights in Scotland: Using the law and human rights to advance policy

Clan Childlaw coordinates a project, supported by the Baring Foundation, the Legal Education Foundation and the Esmée Fairbairn Foundation, which seeks to highlight the benefits of using the law, legal processes and human rights to progress policy issues to tackle discrimination and disadvantage in relation to children in Scotland. It brings together voluntary sector organisations, lawyers and other professionals working in the field of children’s rights to identify ways to use the law more effectively to achieve policy aims.

As part of this project, we coordinate a Children's Rights Strategic Litigation Group which meets periodically as a forum for knowledge exchange and collaboration on using the law to further children's rights in Scotland. If you would like to know more or join the group, please contact our Legal Policy Coordinator, Janet Cormack, at [email protected].

In October 2016 we organised a Roundtable on Children’s Rights in Scotland: using the law and human rights to advance policy. The event brought together around 60 representatives of voluntary organisations, lawyers and other professionals working in children’s rights. The speakers' presentations and other conference materials and resources on strategic litigation can be found here. 

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  • Brothers & Sisters Matter: Delivering Sibling Contact for Looked After Children

    This conference will explore the latest practice, policy and legal developments in delivering sibling contact for looked after children in Scotland. It will bring together delegates from and close the Sibling Contact Workshop series Clan Childlaw and STAR have delivered all over Scotland over the last year and look to the future in considering what needs to be done now to protect and prioritise the relationships of brothers and sisters in care.

  • Supreme Court judgment on the disclosure of criminal records - Clan Childlaw press release

    30 January 2019: Today the UK Supreme Court issued its judgment in 3 cases relating to the disclosure of criminal records in England and Wales and Northern Ireland. Clan Childlaw intervened in these cases to explain the Scottish system in relation to the disclosure of childhood offending behaviour.

  • Mike Heffron

    Operations Manager

  • Care Leavers Law Service

    The Care Leavers Law Service is a five year project funded by Esmee Fairbairn Foundation. The project will provide legal advice and representation to care leavers.

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  • 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!

  • Workshop: Sibling contact

    Learn more about how you can facilitate sibling contact for looked after children.

  • Child law case summaries

  • Our 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

  • Sibling contact

    The law as it currently stands does not allow children and young people to easily address sibling separation and contact, especially care experienced children and young people. We are calling for the law to be changed to prioritise sibling relationships.

  • Clan Childlaw turns 10

    Find out more about what we're doing to mark #clanat10

  • A-Z resource library

Our 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. Read more

Published: 25th January, 2018

Updated: 9th October, 2018

Author: Joe Cooper

Related topics:
  • Training
  • Training diary

What do we do? Podcasts on why Clan Childlaw was set up and the work we do

This year marks 10 years since Clan Childlaw was set up. In these two podcasts our Chief Executive and Principal Solicitor Alison Reid discusses our origins and the work we do. Read more

Published: 22nd February, 2018

Updated: 1st May, 2018

Author: Janet Cormack

Related topics:
  • News

Stand Up for Siblings - launch of new partnership

'Stand up for Siblings' is being launched today to raise awareness of sibling separation and contact and the impact on looked after children and young people. The partnership aims to improve and change law, policy and practice. Read more

Published: 9th March, 2018

Updated: 15th January, 2019

Author: Janet Cormack

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  • News

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Company Limited by Guarantee No. 335011. Registered Charity Number: SC039156. Registered in Scotland, Community Law Advice Network, Norton Park, 57 Albion Road, Edinburgh, EH7 5QY.

Call us: 08081290522
Email us: [email protected]
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