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Citation

Kirk T & Burr F (2024) MM v Glasgow City Council: the definition of a child in Scots law, not a novel point of law?. Juridical Review.

Abstract
The authors analyse the recent decision of the Sheriff Appeal Court in MM v Glasgow City Council. The case raised questions about the statutory interpretation of s. 81(1) and (2) of the Adoption and Children (Scotland) Act 2007. The case also prompts questions about the treatment of 16- and 17-year-olds in Scots law within the context of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 which defines a child as those under the age of 18 years. The authors will therefore consider what the 2024 Act requires in terms of 16- and 17-year-olds and how this may impact need for legislative amendments going forward.