On 6 February 2008 a decision was made at a Children's Hearing for East Renfrewshire in respect of a child, MM, who was born on 13 November 2006. The mother of MM, SK, appealed aginst the decision of the Authority Reporter for East Renfrewshire under the provisions of section 51 of the Children (Scotland) Act 1995. During the appeal before the Sheriff two devolution issues were raised on behalf of the appellant and the Sheriff referred the devolution issues under and in terms of Paragraph 7 of Schedule 6 to the Scotland Act 1998. The two devolution issues are:- "(1) whether or not the absence of any provision permitting the appellant to receive state-funded legal representation before the children's hearing of 6 February 2008 constituted a breach of the appellant's Convention rights under Articles 6, 8 and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)?; and (2) whether the absence of any provision permitting the appellant to receive state-funded legal representation before any children's hearing constitutes a breach of the appellant's Convention rights under Articles 6, 8 and 14 of the ECHR?" It was submitted on behalf of the appellant that a structural failure in the legal aid legislation, which did not permit the appellant to apply for state-funded legal representation, had resulted in her Convention rights having been breached. It was further submitted on behalf of the appellant that the absence on 6 February 2008 of any provision in the legal aid legislation entitling the appellant to apply for state-funded legal representation before the children's hearing, had constituted a breach of her Convention rights under Articles 6, 8 and 14, that question 2 should also be answered in the affirmative, and it was appropriate for the court to grant a declarator relating to the appellant's Convention rights under Article 6, 8 and 14. It was submitted on behalf of the Scottish Ministers that after the Reference had been made they had decided to amend the Children's Hearings (Legal Representation) (Scotland) Rules 2002 so that state-funded legal representation could be made available to a relevant person appearing at a children's hearing, if the relevant person would not, without legal representation, be able to participate effectively in the hearing. It was submitted that a finding that the appellant had been unable to participate effectively during the hearing on 6 February 2008, would be a necessary pre-requisite to a determination that her Convention rights had been infringed. The submissions on behalf of the respondent were similar to those made on behalf of the Lord Advocate. Here the court considered whether in relation to question 1 Articles 6, 8 and 14 were engaged. Further, the court considered whether it was best placed to determine whether the appellant was able to participate effectively in the proceedings at the hearing on 6 February 2008 or whether the issue was one for the Sheriff during the appeal under section 51 of the 1995 Act still before him.