The bill as amended would modify the Children’s Hearings (Scotland) Act 2011. As a result of the changes, certain individuals, who are currently not able to participate in children’s hearings because they don’t meet the existing test that allows relevant persons to participate, would now be given that opportunity.

A person who meets the new criteria would have the right to be notified of a hearing, the right to provide a report or other document to the hearing, the right to be provided with documents specified in procedural rules, authorisation to attend the hearing, and the right to be represented at the hearing.

With the exception of the right to appeal, all the provisions Clan Childlaw has called for have been covered by the latest amendments.

The right to participate as a sibling in your brother or sister‘s children‘s hearing was at the heart of the recent case of Clan Childlaw’s client ‘ABC’ at the Supreme Court.

Clan Childlaw said that the right of appeal is fundamental to allowing full participation by siblings and avoids reliance on judicial review to remedy any technical, procedural issue, which is a slow, cumbersome process unsuitable as a means to remedy the decision of a children’s hearing.

However, if the proposed amendments are passed, the changes to the current legislation would significantly improve the ability of brothers and sisters to participate in children’s hearings for one another.

The Scottish Parliament stage 3 proceedings for the Children (Scotland) Bill are scheduled for Tuesday 25 August.