Sibling rights in the children's hearing system - is change coming?

In the Children’s Hearings System in Scotland, a “relevant person” is defined as a person who has or recently has had, significant involvement in the upbringing of a child. A “relevant person” also holds some important rights including a right to receive the papers which the panel receive, to attend the Hearing and a right of appeal against the decision of the Hearing. 

Given the narrow test, siblings do not normally meet the threshold to be deemed as “relevant persons”, particularly where they live apart from the child who is the subject of the Hearing. In some cases, the result can be that the Hearing makes a decision in relation to how often the child sees their brothers or sisters, without having heard from them. The sibling does not have a right to appeal that decision.  Does this breach their Human Right to family life protected by Article 8 of European Convention on Human Rights? This is a question which was asked in the case of ABC (AP) (Appellant) v Principal Reporter and another (Respondents) (Scotland) which was heard in the Supreme Court in November 2019. The Decision, which is expected later this year, could result in significant changes for all children within the Children’s Hearings System. 

We have solicitors in our Dalkeith and Edinburgh offices who would be very happy to assist clients with Children’s Hearings System cases.

The Drummond Miller family law team is extremely experienced in dealing with all aspects of family law including divorce and separation and child-related matters.   If you would like any further information or advice, please get in touch with our experienced solicitors in Edinburgh, Dalkeith, Musselburgh or Bathgate.