New Rules for State Funded Legal Representation at Children’s Hearings

July 20, 2009 | No Comments

Following the referral of a devolution minute to the Inner House in the case where a parent with learning difficulties challenged the absence of a scheme of state funded legal representation at Children’s Hearings, the Scottish Ministers have introduced new rules.  The Panel, at a business hearing or at the hearing itself, can appoint a solicitor to appear with and represent the parent.  The statutory instrument can be found here

The Scottish Ministers accepted that the absence of such a scheme breached Articles 6, 8 and 14 of the Convention.

Frances McCartney

Art. 06 Right to a Fair Trial, Art. 08 Right to Private and Family Life, Art. 14 Prohibition of Discrimination, Child & Family Law, Legal Aid

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.