Supreme Court judgments

Posted on 18th Jun 2020

SCRA welcomes this decision and the clarity that has been given today by the Supreme Court on this really important issue.

The Supreme Court has decided that the current opportunities for siblings to be involved in Children’s Hearings about their brothers or sisters are compatible with Article 8 of the European Convention on Human Rights.

In two separate cases where a sibling wanted to have full involvement in the Children’s Hearing as a ‘Relevant Person’, the Supreme Court decided that the sibling did not require the procedural protection of being a Relevant Person.

Respect for the maintenance and development of the relationship between a sibling and the referred child is necessary, but the required degree of involvement by a sibling in the decision making by a Children’s Hearing will vary depending on the individual situation. The Supreme Court acknowledged that there are measures in place, including directions to Reporters and guidance for Panel Members.

Neil Hunter, SCRA’s Principal Reporter/Chief Executive Officer, said: “These are extremely important judgments today for the Children’s Hearings System.

“We will continue to work to with all our partners to ensure we always deliver best practice in relation to appropriate involvement by siblings within the Children’s Hearings System, and to promote the importance of sibling relationships of children in care.”

SCRA was a founding member of Stand Up For Siblings and we continue to be an active member of the partnership.

You can view the judgment here.

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