The Inner House of the Court of Session issued a decision earlier this week in the case of M against C [2021] CSIH 14.

This is a very important decision which gives further direction in respect to the issue of consideration by a court in respect to obtaining the views of a child when making an order under section 11 of The Children (Scotland) Act 1995.

Lord Malcolm states in his judgement:

“If children are of sufficient age and maturity to form and express a view, their voices must be heard unless there are weighty adverse welfare considerations of sufficient gravity to supersede the default position. Careful thought as to how a child’s position is to be ascertained will often resolve concerns.”

As a child law practitioner and appointed child welfare reporter this case represents an important update and guidance from the judiciary on the issue of the voice of the child in court proceedings.

This case has already been referred to in hearings taking place this week in regard to young children and the court has discussed consideration of how children’s views can be obtained in the most child-friendly manner.

For more information, you can read here