ABC (AP) (Appellant) v Principal Reporter and another (Respondents) (Scotland)
Case ID: UKSC 2019/0063
Case summary
Issue(s)
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.
Judgment appealed
Parties
Appellant(s)
ABC
Respondent(s)
- Principal Reporter
- Lord Advocate
Appeal
Justices
Lady Hale, Lord Kerr, Lord Wilson, Lord Hodge, Lady Arden
Hearing start date
13 Nov 2019
Hearing finish date
14 Nov 2019
| Watch hearing | |||
|---|---|---|---|
| 13 Nov 2019 | Afternoon session | ||
| 14 Nov 2019 | Morning session | Afternoon session | |
Judgment details
Judgment date
18 Jun 2020
Neutral citation
[2020] UKSC 26
| Watch Judgment summary | |
|---|---|
| 18 Jun 2020 | Judgment summary |
Reporting Restrictions
ABC (AP) (Appellant) v Principal Reporter and another (Respondents) (Scotland)
Case ID: UKSC 2019/0063
THE COURT ORDERED that no one shall publish or reveal the names or addresses or schools of the Appellants who are the subject of these proceedings or of any members of their families, or publish or reveal any information including any picture or photograph which would be likely to lead to the identification of the Appellants or of any members of their families in connection with these proceedings.