The involvement of brothers and sisters in care proceedings about children – lessons from Scotland?

Alyson Evans, Lecturer in Scots Private Law, School of Law, University of Strathclyde

Keywords: Siblings – Legal rights – Participation – Children – Alternative family care

The importance of the relationship between brothers and sisters is recognised increasingly across different disciplines. However, in care proceedings decisions are made often to separate siblings and relationships thereafter gradually reduce due to lack of contact. This approach may contravene both the established principles of international law and the growing empirical research emphasising the importance of preserving familial relationships to the outcomes for children living in alternative care. This article will consider the involvement of brothers and sisters in legal proceedings when these life-changing decisions are made; something that has not yet been widely explored in the academic literature. I will draw on developments in Scotland, which has recently legislated to provide specific legal rights of participation for brothers and sisters in care proceedings. I will discuss the international legal basis for sibling involvement in care proceedings and how this involvement can be realised in practice. I will argue that while much can be learned from the Scottish approach, there are still lessons for Scotland and other jurisdictions considering this essential issue; notably in defining and identifying ‘siblings’, determining the level of involvement those individuals should have in the proceedings and the specific legal rights they should be afforded in this respect.