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  • A-Z resource library
  1. Resources
  2. 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.

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

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
  • Rights Respecting? Scotland’s approach to children in conflict with the law, Claire Lightowler, CYCJ, January 2020

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"
  • Rights Respecting? Scotland’s approach to children in conflict with the law, Claire Lightowler, CYCJ, January 2020

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, "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

  • Using law and the courts to defend people’s rights – recent cases, developments and third sector involvement: Clan Childlaw and Human Rights Consortium Scotland Seminar report
  • 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)

  • Using the law for campaigning and social change - A 101 Guide, Sheila McKechnie Foundation, 2019
  • 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

Published: 5th December, 2017

Updated: 18th March, 2020

Author: Janet Cormack

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  • What we do

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    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!

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    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.

  • Alison Reid

    Principal Solicitor and Chief Executive

  • 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

  • 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.

  • Changes to the law on siblings

    Changes to the law on siblings

    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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