ABC v Principal Reporter and others

Parent and child – Children's hearing – Participation in children's hearing – 'Relevant person' – Sibling. Court of Session: Refusing a reclaiming motion and allowing cross appeals 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 in them, notwithstanding his established family life with his sibling, the court held that neither the Human Rights Convention nor case law required that the petitioner be afforded relevant person status, nor the opportunity to apply for such, in relation to the children's hearings concerning his sibling; there had been no violation of his art 8 procedural rights in respect of the decisions taken and there was no need to read down the provisions of s 81(3) of the Children's Hearings (Scotland) Act 2011 in the way the Lord Ordinary had done: her interlocutor to that effect would be recalled but the court adhered to her refusal of the orders sought in the petition.

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