ABC (AP) (Appellant) v Principal Reporter and another (Respondents) (Scotland)

Case summary

Case ID

UKSC/2019/0063

Parties

Appellant(s)

ABC

Respondent(s)

Principal Reporter

Lord Advocate

Issue

Should a declaration of incompatibility be made in respect of section 81(3) of the Children’s Hearings (Scotland) Act 2011? Alternatively, does section 81(3) need to be read down so as to enable a sibling to become a deemed relevant person?

Facts

ABC is the older sibling of DEF, who is the subject of a Compulsory Supervision Order. At two Children’s Hearings in 2017, contact directions affecting ABC’s relationship with DEF were continued. ABC was not a relevant person for these hearings and had not been notified prior to the first of these hearings taking place. ABC argues that the decision-making process for these hearings did not provide him with the requisite Article 8 protection and that the interference with his family life with DEF was therefore unlawful. The Lord Ordinary did not accept that the decisions were unlawful, but considered it necessary to read down section 81(3) of the 2011 Act. The Inner House dismissed ABC’s appeal but allowed a cross-appeal to the effect that section 81(3) did not require to be read down. ABC now seeks permission to appeal to the Supreme Court.

Date of issue

15 March 2019

Judgment appealed

Judgment details

Judgment date

18 June 2020

Neutral citation

[2020] UKSC 26

Judgment links

Judgment summary

18 June 2020

Appeal

Justices

Lady Hale

Lord Kerr

Lord Wilson

Lord Hodge

Lady Arden

Hearing dates

Full hearing

Start date

13 November 2019

End date

14 November 2019

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