The Inner House of the Court of Session today decided that the current way that the children’s hearings system considers brothers and sisters is compatible with Article 8 of the European Convention on Human Rights. This case was appealed to the Inner House following a decision by Lady Wise in July which recognised that the current test for deciding who can participate in a children’s hearing was too restrictive and that words required to be read into the definition of relevant persons.
This case, ABC against Principal Reporter and the Lord Advocate, involved our client, a 14 year old who wanted to have a say in decisions made about his brother at children’s hearings.
Lucy Frazer, solicitor for the child said: “We are disappointed by this decision. This gives our client no right to be told when his brother’s hearing is due to take place, nor does it give him a right to receive any written information or to appeal the decision, despite decisions being taken about how often he can see his brother.”
Read full press release here.
Read the judgment here.