In the matter of XY (AP) (Appellant) (Scotland)
Case ID: UKSC 2019/0134
Case summary
Issue(s)
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.
Judgment appealed
Parties
Appellant(s)
XY
Respondent(s)
- Principal Reporter
- Lord Advocate
- Adovcate General
- XY's sister
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
In the matter of XY (AP) (Appellant) (Scotland)
Case ID: UKSC 2019/0134
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.