Knox & Anor v S [2010] ScotCS CSIH_45 (26 May 2010)

Knox & Anor v S [2010] ScotCS CSIH_45 (26 May 2010)

An unmarried father with a contact order in his favour does not, by virtue of that order alone, become a 'relevant person' under section 93(2)(b) of the Children (Scotland) Act 1995. However, where a Children's Hearing makes a decision that suspends or restricts contact granted by such an order, this constitutes a determination of the father's civil rights under Article 6 ECHR. To ensure Convention compliance, section 93(2)(b)(a) must be read as including any parent with a contact order under Part I of the Act, thereby affording such fathers 'relevant person' status for the purposes of Children's Hearings.

Citation
[2010] ScotCS CSIH_45
Parties
Appellant: Elizabeth Knox; Respondent: S; Minuter: The Right Honourable Elish Angiolini, Q.C., Lord Advocate; Appellant: L; Respondent: Norma Ritchie
Jurisdiction
Scotland
Judgment Date
26 May 2010
Procedural Posture
Appeal (by Stated Case) / Inner House, Court of Session (extra Division)
Outcome
Appeals allowed in part; section 93(2)(b)(a) must be read to include parents with contact orders for Convention compliance.
Legal Topics
Parental Rights and Responsibilities, Contact Orders, Children's Hearings, Relevant Person Status, Interpretation of Children (scotland) Act 1995, Article 6 ECHR, Article 8 ECHR
Family Law Child Law Human Rights Parental Rights and Responsibilities Contact Orders Children's Hearings Relevant Person Status Interpretation of Children (scotland) Act 1995 +2 more

Case Brief

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Parties

Elizabeth Knox

Appellant

S

Respondent

The Right Honourable Elish Angiolini, Q.C., Lord Advocate

Minuter

L

Appellant

Norma Ritchie

Respondent

Procedural Posture

Appeal (by Stated Case) / Inner House, Court of Session (extra Division)

Legal Issues

  1. 1 Whether an unmarried father with a contact order is a 'relevant person' under section 93(2)(b) of the Children (Scotland) Act 1995
  2. 2 Whether exclusion of such fathers from 'relevant person' status is compatible with Article 6 and Article 8 ECHR

Ratio Decidendi

An unmarried father with a contact order in his favour does not, by virtue of that order alone, become a 'relevant person' under section 93(2)(b) of the Children (Scotland) Act 1995. However, where a Children's Hearing makes a decision that suspends or restricts contact granted by such an order, this constitutes a determination of the father's civil rights under Article 6 ECHR. To ensure Convention compliance, section 93(2)(b)(a) must be read as including any parent with a contact order under Part I of the Act, thereby affording such fathers 'relevant person' status for the purposes of Children's Hearings.

Court Disposition

Appeals allowed in part; section 93(2)(b)(a) must be read to include parents with contact orders for Convention compliance.

Orders

  • Section 93(2)(b)(a) of the Children (Scotland) Act 1995 is to be read as including any parent with a contact order under Part I of the Act.
  • Unmarried fathers with contact orders are entitled to 'relevant person' status for Children's Hearings affecting their contact rights.