Resources A-Z resource library A-Z resource library All of the downloadable resources are free to download. Clan Childlaw Ltd. is not responsible for the information or resources accessed via any link on this web site, and does not guarantee or warrant the accuracy or completeness of the information or resources accessed via those links. Users should note that we will try to keep information on this site up to date, but cannot guarantee that it is up to date at the time of reading. The user should check the accuracy of any information before relying on it. The information contained in this website should not be used as a substitute for the individual advice and assistance of a solicitor. If you have a legal problem or legal question you should contact a solicitor about it. ACCESS TO JUSTICE Clan Childlaw Access to Justice Paper sent to UK Joint Committee on Human Rights, March 2015 Clan Childlaw Briefing on Legal Assistance for Children and Young People Child Rights International Network (CRIN), "Rights, remedies and representation: a global report on access to justice for children" (2016) CRIN, "Access to justice for children: detailed findings" CRIN's jargon buster and FAQs ACCESS TO RECORDS Clan Childlaw leaflet on access to Records Information Commissioner’s Office Data Subject Access Code of Practice ADOPTION & PERMANENCE Clan Childlaw leaflet on Adoption & Permanence Adoption and Children (Scotland) Act 2007 Guidance on the Looked After Children (Scotland) Regulations 2009 and the Adoption and Children (Scotland) Act 2007 ADVOCACY Scottish Government Children's Advocacy Guidance ‘Advocacy Makes You Feel Brave’ report by Susan Elsley AGE OF CRIMINAL RESPONSIBILITY Scottish Government consultation on the Minimum Age of Criminal Responsibility CAPACITY OF CHILDREN Clan Childlaw leaflet on Getting a Lawyer To instruct lawyer in civil cases:Age of Legal Capacity (Scotland) Act 1991, s 2(4A) A person under the age of sixteen years shall have legal capacity to instruct a solicitor, in connection with any civil matter, where that person has a general understanding of what it means to do so; and without prejudice to the generality of this subsection a person twelve years of age or more shall be presumed to be of sufficient age and maturity to have such understanding. To consent to medical treatment:Age of Legal Capacity (Scotland) Act 1991, s2(4) A person under the age of 16 years shall have legal capacity to consent on his own behalf to any surgical, medical or dental procedure or treatment where, in the opinion of a qualified medical practitioner attending him, he is capable of understanding the nature and possible consequences of the procedure or treatment. CHILD PROTECTION National Guidance for Child Protection in Scotland National Guidance – Under-age Sexual Activity: Meeting the Needs of Children and Young People and Identifying Child Protection Concerns CHILDLAW CASE SUMMARIES Summaries by Clan Childlaw of recent cases of interest CHILDREN’S HEARINGS Clan Childlaw leaflet on Children’s Hearings Children's Hearings (Scotland) Act 2011 CHILDREN’S RIGHTS Children and Young People's Commissioner Scotland - Your Rights Scottish Youth Parliament - Right Here, Right Now United Nations Convention on the Rights of the Child UNCRC Scottish Government UNCRC Training Tool United Nations Committee on the Rights of the Child Concluding Observations for the United Kingdom’s Fifth Periodic Report (2016) UNCRC, General comment No. 20 (2016), which provides guidance to states on the necessary measures to realise children's rights Children & Young People's Commissioner Scotland, "Incorporation of the UNCRC" The UNCRC in Scotland seminar series 2017 Implementing & Monitoring the UN Convention on the Rights of the Child (Scottish Universities Insight Institute) State of Children’s Rights in Scotland 2017 UK Government Reply to List of Issues for the 5th Periodic Report to the UN Committee on the Rights of the Child Scottish Government Action Plan in response to UN Concluding Observations “Do the Right Thing” Do the Right Thing – a progress report on the Scottish Government’s response to the 2008 concluding observations from the UN Committee on the Rights of the Child CRIN Report 'Realising Rights? The UN Convention on the Rights of the Child in Court, January 2018 CLAN CHILDLAW Annual Report 13-14 Annual Report 14-15 Annual Report 15-16 CONTACT WITH POLICE Police Scotland, Children & Young People 2016/20 – Our Approach Police Scotland, Stop and Search Improvement Plan Police Scotland, "Young people" Young Scot, "Police rights" Citizens Advice Scotland, "Young people and the law" CROSS-BORDER CHILDREN'S CASES A handbook on family law relating to children in Scotland and in England & Wales DISCLOSURE OF CHILDHOOD OFFENDING Scottish Government, "Scotland works for you" guidance pack Materials from the Centre for Youth and Criminal Justice event, "Debating Disclosure" (April 2018) Unlock, "A life sentence for young people - a report into the impact of criminal records acquired in childhood and early adulthood" (May 2018) Unlock's submission to the UK Government's Youth Justice review (May 2016) Unlock, "Disclosure of youth criminal records - written response to the UK Government's Justice Committee inquiry into the disclosure of youth criminal records (November 2016) EDUCATION Clan Childlaw leaflet on School & Work Included, Engaged and Involved Part 2: A Positive Approach to Preventing and Managing School Exclusions, Scottish Government, June 2017 National guidance for schools and local authorities in managing school exclusions Additional Support for Learning Code of Practice – Issued August 2010 EMPLOYMENT OF CHILDREN Clan Childlaw leaflet on School & Work Employment of Children: A Guide for Children Children & Young People (Scotland) Act 1937, s 28 Letter to local authority Chief Executives regarding employment of children EUROPEAN AND INTERNATIONAL RESOURCES Factsheet - Children’s rights, European Court of Human Rights Factsheet - International child abductions, European Court of Human Rights Factsheet - Parental Rights, European Court of Human Rights Factsheet - Protection of minors, European Court of Human Rights Factsheet - Accompanied migrant minors in detention, European Court of Human Rights Factsheet - Unaccompanied migrant minors in detention, European Court of Human Rights Children's Rights, Strasbourg Observer Leave No Child Behind: EU Guidelines for the Promotion and Protection of the Rights of the Child (2017) Protection of the rights of the child in the implementation of the 2030 Agenda for Sustainable Development (UN High Commissioner for Human Rights) Child-friendly justice, EU Fundamental Rights Agency (2017) Child Participation Assessment Tool, Council of Europe Minimum age requirements concerning the rights of the child in the EU, EU Fundamental Rights Agency (2017) CRIN's guide to the United Nations CRAE briefing on the CRC FAMILIES: CONTACT, RESIDENCE, PARENTAL RESPONSIBILITIES & RIGHTS Clan Childlaw leaflet on Contact & Residence Clan Childlaw leaflet on Parental Rights and Responsibilities Family Matters: Family Law in Scotland for Children & Young People GIRFEC: GETTING IT RIGHT FOR EVERY CHILD Getting it Right for Every Child A Guide to Getting it Right for Every Child Children and Young People (Scotland) Act 2014 GIVING EVIDENCE Clan Childlaw leaflet on Giving Evidence in Court Witnesses in Scotland website Further information HOUSING Children's Rights Alliance for England, "Using children's rights in homelessness policy" HUMAN RIGHTS Scotland Act 1998 Human Rights Act 1998 European Convention on Human Rights Scotland’s National Action Plan for Human Rights (SNAP) SPICe Briefing on Human Rights in Scotland LICENSING SYSTEM IN SCOTLAND FOR CHILD PERFORMANCES & SPORTS & MODELLING ACTIVITIES Young Performers: A Guide for Parents and Guardians LOOKED AFTER CHILDREN The Looked After Children (Scotland) Regulations 2009 Guidance on the Looked After Children (Scotland) Regulations 2009 and the Adoption and Children (Scotland) Act 2007 Moving Forward: Implementing the “Guidelines for the Alternative Care of Children” MEDICAL TREATMENT Refusal of Medical Treatment by the Competent Child – Legal Framework in Scotland NAMED PERSON SCHEME Information sharing under the Named Person scheme SIBLING CONTACT Prioritising Sibling Relationships for Looked After Children, Fiona Jones with Dr Christine Jones Clan Childlaw Guidance ‘Promoting Sibling Contact for Looked After Children‘ Barriers to Sibling Contact, article by Vicki Straiton in The Journal of the Law Society of Scotland Research Briefing: Supporting Sibling Relationships of Children in Permanent Fostering and Adoptive Families, University of Strathclyde & Scottish Children’s Reporter Administration D. and Macvarish, J. (2018) Siblings, Contact and the Law: An Overlooked Relationship, London: Birkbeck STRATEGIC LITIGATION NEW DISCUSSION PAPER by Clan Childlaw, Human Rights Consortium Scotland & others: Overcoming Barriers to Public Interest Litigation in Scotland Successful Use of Strategic Litigation by the Voluntary Sector on Issues Related to Discrimination and Disadvantage: Key Cases from the UK (The Baring Foundation, 2017) To Assist the Court: Third Party Interventions in the Public Interest (JUSTICE and Freshfields Bruckhaus Deringer LLP, 2016) The Development of Strategic Litigation in Scotland, (Equality & Human Rights Commission & Faculty of Advocates seminar, 2014) CRIN Using the Law for Children’s Rights: An Introductory Guide CRIN Children’s Rights: A Guide to Strategic Litigation CRIN Legal Database Public Law Project Guide to Strategic Litigation CRIN, "Strategic Litigation: a glossary of terms" UNDER AGE SEXUAL ACTIVITY & SEXUAL OFFENCES Guidance on the Sexual Offences (Scotland) Act 2009 Under-age Sexual Activity: Meeting the Needs of Children and Young People and Identifying Child Protection Concerns