Case details

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

[2019] CSIH 19

Parties

Appellant(s)

XY

Respondent(s)
  1. Principal Reporter
  2. Lord Advocate
  3. Adovcate General
  4. 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