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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.

We represented our client ABC to take his case on sibling rights in Children's Hearings, based on article 8 ECHR, all the way to the Supreme Court. The legacy of ABC's case was a change to the law on rules on brothers and sisters participating in Children's Hearings which took effect on 26th July 2021 - read more about those here.

Interest in third party interventions in cases before the Scottish courts is increasing. Clan Childlaw has intervened in three 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.
  • In 2018 we intervened in writing in Supreme Court cases involving the disclosure systems in England and Wales and Northern Ireland ([2019] UKSC 3) Read our intervention here.

Children's Rights Strategic Litigation Group

Clan Childlaw the Children's Rights Strategic Litigation Group which meets 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 get in touch.

Strategic Litigation Resources

This webpage has articles about our work along with links to a variety of resources published by others about taking strategic court cases and intervening in cases as a third party. 

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Latest

  • Your right to continuing care - new information materials

    Your right to continuing care - new information materials

    Clan Childlaw is proud to have been involved in a new project to help inform care experienced young people about their continuing care rights.

  • The Promise and the Hearings System Working Group

    The Promise and the Hearings System Working Group

    An update on the Promise and the Hearings System Working Group with additional resources.

  • Improving legal support for children in conflict with the law: Emerging Findings

    Improving legal support for children in conflict with the law: Emerging Findings

    Dr Claire Lightowler shares emerging findings and insights from her work on a scoping study to better understand the legal needs of children and young people in conflict with the law.

  • Join the Team

    Join the Team

    We do not currently have any vacancies.

Most read

  • Access to Records

    Access to Records

  • What changes will the Children (Scotland) Act 2020 make for children and young people?

    What changes will the Children (Scotland) Act 2020 make for children and young people?

    The Children (Scotland) Act 2020 improves legal protection for children's right to be heard in courts and children's hearings and their right to a family life with their brothers and sisters - this blog explains the changes it will make

  • What we do

    What we do

    Clan Childlaw is Scotland's law centre for children and young people. We protect and strengthen children’s rights and improve their lives.

  • 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 are now law

  • Changes to the Law for Brothers and Sisters

    Changes to the Law for Brothers and Sisters

    On 26 July 2021, the law changed on what local authorities and Children’s Hearings have to do to support brothers and sisters.

  • Join the Team

    Join the Team

    We do not currently have any vacancies.

  • Are you a child or young person without British citizenship? Here’s some advice on how to apply to the EU Settlement Scheme

    Are you a child or young person without British citizenship? Here’s some advice on how to apply to the EU Settlement Scheme

    Children and young people, including care leavers, must apply to the EU Settlement scheme if they are an EU, EEA or Swiss national. The deadline to apply is 30 June 2021.

  • UNCRC in Scotland: What does the UK Government’s legal challenge mean?

    UNCRC in Scotland: What does the UK Government’s legal challenge mean?

    Our Legal Policy Manager Janet Cormack explains what has happened so far with UNCRC in Scotland and what could happen next.

  • Child law case summaries

    Summaries of cases undertaken by Clan Childlaw.

  • 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!

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Siblings

Free legal advice and representation for children and young people in Scotland

Contact us

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.

Offices also located at Clan Childlaw Ltd, Wellpark Enterprise Centre, 120 Sydney St, Glasgow, G31 1JF




Call us:  0808 1290 522 
Text us: 0752 756 6682
Email us: [email protected]
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