Clan Childlaw successfully supported a brother to claim his rights in the case. The Court of Session ruled that a Children’s Hearing failed to consider the best interests of a sibling affected by its decision, as required by Article 3 of the UNCRC. The judgment confirms that hearings must treat the welfare of all impacted children as a primary consideration and clearly record how those rights were taken into account. 

In the landmark case, it was found that a Children’s Hearing did not properly take account of the welfare of a boy whose sibling’s contact arrangements were being decided. Although he was not the subject of the hearing, the court held that Article 3 of the UNCRC requires decision‑makers to treat the welfare of all children affected as a primary consideration, and to clearly record how those rights were respected.  

The ruling confirms that since siblings gained the right to participate in hearings in 2021, their views must be meaningfully considered. Failure to do so now constitutes a breach of section 6(1) of the UNCRC Incorporation Act. Clan Childlaw said the decision strengthens sibling rights and ensures future hearings must properly assess the impact on every child involved. 

Read Clan Childlaw’s announcement 

Read the full judgement