When considering whether a sibling is entitled to be a participation individual, the Reporter or the Pre-Hearing Panel must consider:
- Is the child or young person living with their sibling or have they previously lived together?
- Do they have an ongoing relationship ‘with the character of a relationship between siblings’? Remember that children and young people do not need to have a parent in common to be considered siblings.
- Is the Hearing likely to make a decision that will significantly affect the child or young person seeing or staying in touch with their sibling?
- Is the child or young person capable of forming a view about seeing or staying in touch with their sibling?
These criteria can all be interpreted in different ways. If a Reporter or pre-hearing panel decide that a child or young person does not meet the criteria, it might be a possible to challenge this decision.
We recommend you speak to a lawyer if you want to challenge a decision, or if a child or young person doesn’t meet the criteria but still wants to have their say at their sibling’s hearing.