Visit JCPCUKSC/2019/0134
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FAMILY
In the matter of XY (AP) (Appellant) (Scotland)
Case summary
Case ID
UKSC/2019/0134
Parties
Appellant(s)
XY
Respondent(s)
Principal Reporter
Lord Advocate
Lord Advocate
Adovcate General
XY's sister
Issue
Do the provisions of the Children’s Hearings (Scotland) Act 2011 ("the Act") violate Articles 6 and 8 of the ECHR such that they are not law for the purposes of section 29 of the Scotland Act 1998? Should a declaration of incompatibility be made in respect of these provisions?
Facts
XY is the adult sibling of three younger sisters who are the subject of Compulsory Supervision Orders. XY’s application to be deemed a "relevant person" for the purposes of those proceedings was refused by a pre-hearing panel. He appealed to the Sheriff, arguing that the relevant legislation was incompatible with Articles 6 and 8 of the ECHR. This appeal was dismissed, as was an appeal by way of case stated to the Court of Session, which relied on the reasoning in two earlier cases: ABC v Principal Reporter 2018 SLT 1281 and DM v Locality Reported SLT 1308. The appellant now seeks permission to appeal to the Supreme Court.
Date of issue
7 June 2019
Judgment appealed
Judgment details
Judgment date
18 June 2020
Neutral citation
[2020] UKSC 26
Judgment links
Judgment summary
18 June 2020
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Appeal
Justices
Hearing dates
Full hearing
Start date
13 November 2019
End date
14 November 2019
Change log
Last updated 16 April 2024