ABC, petitioner

Parent and child – Children's hearing – Participation in children's hearing – 'Relevant person' – Sibling. Court of Session: In judicial review proceedings challenging two decisions of a Children's Hearing on the basis that the petitioner, who was the full sibling of the child about whom decisions were taken at those hearings, was not able to participate or at least fully participate in them, notwithstanding his established family life with his sibling, the court held that that the difficulties the petitioner had encountered had arisen primarily from the unduly narrow test in s 81(3) of the Children's Hearings (Scotland) Act 2011 (absent reading down) rather than any actions on the part of the Reporter or the decisions of the Children's Hearing, and in order to avoid the perceived incompatibility with art 8 of the European Convention on Human Rights complained of it was necessary to read down the legislation.

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