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.

Latest

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

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

Clan Childlaw has a vacancy for a Fundraising Manager.
Cross Border Placements and DOL Orders

An update on the Cross-Border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 enacted this April.

Access to Records
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

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

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

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

Clan Childlaw has a vacancy for a Fundraising Manager.
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?

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

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!