Family proceedings—Orders in family proceedings—Parental responsibility order and contact order

Family proceedings—Orders in family proceedings—Parental responsibility order and contact order

Principal Reporter v K and others [2010] UKSC 56, [2010] All ER (D) 192 (Dec)

Supreme Court, Lord Hope DP, Lord Rodger, Lady Hale, Lord Kerr and Sir John Dyson SCJ, 15 Dec 2010

The operation of s 93(2)(b) of the Children (Scotland) Act 1995 (CSA 1995) in defining persons entitled to participate in a children’s hearing is not compatible with Art 8 of the European Convention on Human Rights (the Convention).

Janys Scott QC and Alison Stirling (instructed by Drummond Miller WS) for K. Morag Wise QC and Lynda Brabender (instructed by Biggart Baillie LLP) for the Principal Reporter. Rosemary Guinnane and David Sheldon (instructed by Aitken Nairn WS) for JR. David Johnston QC and Roddy Dunlop QC (instructed by the Scottish Government Legal Directorate) for the first minuter. Marie Helen Clark (instructed by HBM Sayers) for the second minuter.

K and