2 siblings rights cases: ABC v Principal Reporter & another and In the matter of XY

Two Scottish appeals involving the rights of siblings in the Children’s Hearings System went before the UK Supreme Court in November 2019. The cases concern the opportunities siblings 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 […]

Best interests of children a relevant consideration in discretionary extension of judicial review time bar

Robert Havrila (AP) for Judicial Review [2019] CSOH 108 Obiter dictum on the Court of Session’s discretionary power to extend time bar and the impact of the “best interests of the child” https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2019csoh108.pdf (Outer House, Court of Session, 20 December 2019) Mr Havrila sought to raise judicial review proceedings against an immigration decision taken by the Upper Tribunal. […]

Regarding the exercise of case management by a sheriff at Child Welfare Hearings

MN v ON [2019] SAC (Civ) 35 https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2019sacciv35.pdf (Sheriff Appeal Court, 8 November 2019) Regarding the exercise of case management by a sheriff at Child Welfare Hearings   The Sheriff Appeal Court has concluded, inter alia, that a sheriff had acted in error in relation to a note she had appended to an interlocutor following a child welfare hearing. […]

Sheriff Appeal Court notes case highlights clash between procedure and need for flexibility when dealing with the interests of a child

LRK v AG [2019] SAC (Civ) 33 https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2019-sac-(civ)-033.pdf (Sheriff Appeal Court, 2 October 2019) Sheriff Appeal Court decision on whether it was competent for a sheriff—after hearing evidence and submissions from parties at proof— to treat the proof as an evidential child welfare hearing, adjourn the proof, fix an immediate child welfare hearing The Sheriff Appeal Court […]

Regarding the effect an acquittal in the criminal courts has on established grounds in the Children’s Hearings system

LO and EO v The Children’s Reporter and Another [2019] CSIH 55 https://scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2019csih55.pdf (Inner House, Court of Session, 19 November 2019)  The Inner House of the Court of Session has issued a judgment in respect to a stated case concerning the review of compulsory supervision orders involving three children. The Court had to rule on, inter alia, […]

Supreme Court decision on whether parental consent to living arrangements can prevent such arrangements from amounting to a deprivation of liberty under Article 5 ECHR

In the matter of D (A Child) [2019] UKSC 42 https://www.supremecourt.uk/cases/docs/uksc-2018-0064-judgment.pdf (UK Supreme Court, 26 September 2019)  The UK Supreme Court has given its judgment on whether parental consent to the living arrangements of a 16 or 17-year-old could prevent such arrangements from amounting to a deprivation of liberty within the meaning of Article 5 ECHR. In the leading […]

Use of accepted grounds in children’s hearings as evidence in criminal proceedings

NH V HMA [2019] HCJ 46 https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2019hcj46.pdf (High Court, 17 April 2019) Regarding the use of accepted grounds in Children’s Hearings as evidence in criminal proceedings.   NH raised a preliminary plea minute in the High Court of Justiciary against the use of his acceptance of Children’s Hearing grounds within ongoing criminal proceedings. NH was accused by his daughter, MN, of committing […]

Evidential burden on pursers in relocation cases

MK (Assisted person) V TDD [2019] SCLER 66 https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2019scler66.pdf (Sheriff Court, 18 June 2019) Regarding the evidential burden on pursuers in relocation cases.  The mother of a child with selective mutism sought, inter alia, a specific issue order in terms of the Children (Scotland) Act 1995 permitting the child’s relocation to Germany. The mother wished to relocate to Germany primarily on […]

Proof on whether the children’s mother had subjected them to unnecessary medical treatment

In respect of children CC, FC and LC [2019] SC LIV 60 https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2019scliv60.pdf (Sheriff Court, July 2019) These were applications for proof in terms of section 67 of the Children’s Hearings (Scotland) Act 2011 in respect of three children, CC, FC and LC. It was disputed whether the children’s mother, JC, had subjected the two older children, […]

Evidential evaluation of hearsay statements of sexual abuse/inappropriate sexual contact from a child in civil proceedings

CM V ME-M [2019] SAC (CIV) 030  https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2019-sac-(civ)-0303c436ba7898069d2b500ff0000d74aa7.pdf (Sheriff Appeal Court, 24 July 2019) Regarding the evidential evaluation of hearsay statements of sexual abuse/inappropriate sexual contact from a child in civil proceedings. Appeal by the child (A)’s mother refused as the Sheriff Appeal Court held that the Sheriff had not erred in his overall approach to […]

Reliance of facts established at a grounds referral proof when considering a permanence order

RG v Glasgow City Council and SA [2019] CSIH 45 https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2019csih45.pdf (Inner House, Court of Session, 27 August 2019) Regarding the reliance of facts established at a grounds of referral proof when considering a permanence order.  The Inner House of the Court of Session has refused an appeal against a Sheriff’s reliance on facts established at […]

Proof concerning contact arrangements and the appropriateness of an order requiring parental cooperation

AA v BB [2019] SC DUN 94  https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2019scdun94.pdf (Sheriff Court, 8 November 2019) Dundee Sheriff Court has granted an order regulating contact between the Pursuer and his daughter in circumstances where previous contact arrangements had resulted in particular distress for the child due to her strong connection with the defender, and the strained relationship between the parents. In reaching […]

Sheriff court decision to refuse the grant of both direct and indirect contact to a Pursuer after consideration of the matters set out in Section 11(7) of 1995 Act

Mr Ahmad (a pseudonym) v Mrs Ahmad (a pseudonym) [2019] SC GLA 96 https://scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2019scgla96.pdf (15 November 2019, Sheriff Court) Glasgow Sheriff Court, following consideration of the matters set out in Section 11(7) of the Children (Scotland) Act 1995, has concluded that neither direct nor indirect contact should be granted to a Pursuer in an action for contact.   […]

Sheriff Court decision on the correct test to be applied by a Children’s Hearing in considering whether to include a measure in a CSO prohibiting disclosure of a child’s place of residence

Appeal by CA and CM against a decision of The Children’s Hearing at Aberdeen dated 4 June 2019 in respect of the child, DHB https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2019scabe95.pdf?sfvrsn=0 (11 September 2019, Sheriff Appeal Court) All references are to the Children’s Hearings (Scotland) Act 2011 unless otherwise stated. The Sheriff was required to determine which of two tests was the […]