The judgement confirms that hearings must treat the welfare of all impacted children as a primary consideration and clearly record how those rights were taken into account.

In a decision issued on 27 February, Lord Braid held that a children’s hearing had failed to consider the best interests of Clan Childlaw’s client in a decision relating to contact with his sibling (as defined in Article 3 of the UNCRC).

Since July 2021, siblings have had the right to participate in their brother or sister’s children’s hearing, to enable them to express their view in relation to contact. This is to help ensure that, where siblings do not live together, they are supported to stay connected and see each other regularly.

This judgment makes clear that Article 3 of the UNCRC requires the hearing to treat, as a primary consideration, the welfare of children who are not the subject of the hearing, but who will be affected by the decision made. In coming to their decision, and recording it, the hearing must outline what considerations have been taken into account, and how the sibling’s Article 3 rights have been respected in the decision. Failure to do this will result in the hearing’s decision breaching section 6(1) of the UNCRC (Incorporation) (Scotland) Act 2024.

Alison Reid, principal solicitor and chief executive of Clan Childlaw, said: “We are delighted to support our client to stand up for his rights and are extremely proud that in doing so he has ensured that all decisions about contact with siblings in the Children’s Hearings will take into account the rights of all children in that relationship.”