Sibling rights cases reach Supreme Court

August 16th 2019

Clan Childlaw’s client’s case is one of two Scottish appeals involving the rights of siblings in the Children’s Hearings System to be heard by the UK Supreme Court later this year.

The cases concern the opportunities siblings currently have to be involved in the decision-making by Children’s Hearings about their brothers or sisters, and whether these are compatible with the right to family life protected by Article 8 of the European Convention on Human Rights. 

The two Court of Session judgments being appealed are:

ABC against Principal Reporter and others (our client’s case – read our press releases on this case here and SCRA ‘s statement following the Court of Session judgment last November)

XY against a decision of the sheriff on 22 June 2018

The letters ‘ABC’ and ‘XY’ are used because the identities of those involved in the cases are strictly anonymised by order of the court. 

Following the Outer House of the Court of Session’s judgment in ABC v Principal Reporter in July 2018 Children’s Hearings Scotland issued this Practice Note.