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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.    

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.

Project: 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 can be found here. 

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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  • 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 and will come into force in July 2021

  • Street Legal Coffee Morning Consultation

    Street Legal Coffee Morning Consultation

    Register for our virtual coffee morning on 4 March 2021 to help shape and design the second year of our Street Legal Project.

  • Sheriff Court: Children's Panels can instruct DNA tests

  • Coronavirus - Examples of problems a lawyer can help with

    Coronavirus - Examples of problems a lawyer can help with

    Our lawyers are helping care experienced clients resolve situations where their local authority has not fulfilled their duties to them during the pandemic.

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.

  • 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 and will come into force in July 2021

  • Alison Reid

    Principal Solicitor and Chief Executive

  • 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.

  • Brothers and sisters matter

    Brothers and sisters matter

    Brothers and sisters who are looked after by a local authority or are experiencing family separation often need support to stay in contact. Clan Childlaw is working in different ways to help promote sibling contact.

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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:

Related topics:
  • 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

Related topics:
  • 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

Related topics:
  • 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

Related topics:
  • 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

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

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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.

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