CHILDRENS HEARING APPEAL J AND S.Y. [2010] ScotSC 181 (03 November 2010)

CHILDRENS HEARING APPEAL J AND S.Y. [2010] ScotSC 181 (03 November 2010)

A grandmother in whose favour a contact order has been made acquires a civil right to contact, and the definition of 'relevant person' in section 93 of the Children (Scotland) Act 1995 must be read compatibly with Article 6 ECHR to include such persons. The Children's Hearing erred in law by refusing to regard the Appellant as a relevant person.

Citation
[2010] ScotSC 181
Parties
Appellant/grandmother: MH; Respondent/reporter: Scottish Children's Reporter Administration; Child: JY; Child: SY; Safeguarder for the Children: Miss Henderson
Jurisdiction
Scotland
Judgment Date
03 November 2010
Procedural Posture
Children's Hearing Appeal / Appeal From Children's Hearing Decision
Outcome
Appeal allowed
Legal Topics
Relevant Person Status, Contact Orders, Children's Hearings, Article 6 ECHR, Interpretation of Children (scotland) Act 1995
Family Law Child Protection Human Rights Relevant Person Status Contact Orders Children's Hearings Article 6 ECHR Interpretation of Children (scotland) Act 1995

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Parties

MH

Appellant/grandmother

Scottish Children's Reporter Administration

Respondent/reporter

JY

Child

SY

Child

Miss Henderson

Safeguarder for the Children

Procedural Posture

Children's Hearing Appeal / Appeal From Children's Hearing Decision

Legal Issues

  1. 1 Whether a grandmother with a contact order should be regarded as a 'relevant person' under section 93 of the Children (Scotland) Act 1995
  2. 2 Whether refusal to grant 'relevant person' status breaches Article 6 ECHR rights to a fair hearing

Ratio Decidendi

A grandmother in whose favour a contact order has been made acquires a civil right to contact, and the definition of 'relevant person' in section 93 of the Children (Scotland) Act 1995 must be read compatibly with Article 6 ECHR to include such persons. The Children's Hearing erred in law by refusing to regard the Appellant as a relevant person.

Court Disposition

Appeal allowed

Orders

  • Matter remitted to the Children's Hearing for reconsideration, particularly in respect of its decision that the children should have no contact with MH.