Lesley-Anne Barnes Macfarlane

lesley anne barnes macfarlane

Dr Lesley-Anne Barnes Macfarlane

Lecturer

Biography

LLB (Hons) 1st class (University of Glasgow, Bennett Miller Prize)
Dip LP (Dist)
Solicitor
PGCE (THLE)
LLM (Research)
PhD

Lesley-Anne teaches Child and Family Law, Children's Rights Law and the Law of Evidence. She is leading on the development of the forthcoming Research Centre for Child and Family Law and Policy.

Lesley-Anne's research interests lie in the fields of Child and Family Law, Children's Rights and Scots Private Law. She presents her research at international academic events hosted by, e.g., Stellenbosch University (Invited speaker, 2015), the University of Cambridge (Invited speaker, 2019) and the University of Bergen (Keynote, 2021). Lesley-Anne also contributes to discussion and debate about Scottish law reform. She has acted as lead on several research projects and has wide-ranging experience in organising cross-disciplinary conferences and workshops.

Among her recent publications is her 2019 report, 'Balancing the Rights of Parents and Children', commissioned by the Justice Committee of the Scottish Parliament on the Children (Scotland) Bill. Report (74 pages) and Report Summary (5 pages) available here:

https://www.parliament.scot/parliamentarybusiness/CurrentCommittees/112969.aspx

In 2020, Lesley-Anne produced a training briefing (27 pages) for the Judicial Institute for Scotland on the Children (Scotland) Act 2020 and she is providing further training to the judiciary on behalf of the Judicial Institute throughout 2021. She delivers CPD on aspects of Family Law reform (in 2021, Scottish Legal Aid Board; Harper Macleod).

Lesley-Anne is a participant in the United Nations Convention on the Rights of the Child Implementation Project (CRC-IP), which explores implementation of the CRC and comparative contexts. She is a member of the Advisory Group to the Scottish Law Commission on Cohabitation Law Reform. She sits on the Law Society of Scotland Board of Examiners as Examiner in Family Law.

A full list of her publications can be found in the 'Outputs' section. Examples of published work include: her co-edited book, 'UN Convention on the Rights of the Child: Best Interests, Welfare and Well-being', eds. Sutherland EE & Barnes Macfarlane L-A, Cambridge University Press (2016); 'Patrick v Patrick and Re a letter to a Young Person: judicial letters to children...', Edinburgh Law Review (2018); 'Rethinking childhood contributory negligence: ''blame'', ''fault'', but what about Children's Rights?', Juridical Review (2018); a series of articles on Family Law reform for Scots Law Times and in the Journal of the Law Society of Scotland (2020 & 2021).

Before joining Edinburgh Napier University, Lesley-Anne practised a solicitor. She was an Associate with MHD Law, Edinburgh, regularly representing children and adults in court. She has been accredited as a Lawyer-Mediator and her experience of working as a Child Welfare Reporter and Curator ad Litem in complex family proceedings informs her ongoing research.

She currently sits on the University's Early Career Researchers Working Group. Lesley-Anne is also a member of the Business School Research Integrity Committee. She previously sat on the Faculty Academic Strategy and Enhancement Committee.

Lesley-Anne is experienced in teaching a wide-range of LLB subjects. She is regularly nominated for and has won teaching awards (ENUBS won ‘Best Tutor’ & short-listed ‘Best Feedback’ award, 2014; won University-wide ‘Best Feedback’ award & shortlisted ‘Most Innovative Tutor', 2015; shortlisted ‘Best Tutor', 2016). Enabled by an award from the Clark Foundation for Legal Education (2021), she is currently leading on piloting an LLB student Research Internship Programme.

Her research activities have been supported by the Royal Society of Edinburgh, the Scottish Parliament, the Judicial Institute for Scotland, the Faculty of Advocates, the Law Society of Scotland and The Clark Foundation for Legal Education. She is a fellow of the Higher Education Academy and a member of the International Society of Family Lawyers and the Society of Legal Scholars.

Lesley-Anne welcomes enquiries and applications from potential PhD students in her research areas.

Esteem

Advisory panels and expert committees or witness

  • Scottish Law Commission Advisory Group on Cohabitation Law Reform
  • Law Society of Scotland Practising Certificate Committee Member: 2014-17

 

Conference Activity

  • Keynote presenter: University of Bergen event 'Children's Participation' (June 2021)
  • Invited Speaker: University of Cambridge, Colloquium on Rights of Child (UNCRC, Art 5), July 2019
  • RSE-funded workshop series: co-organiser / chair 2019
  • Invited speaker: Royal College of Psychiatrists Child & Adolescent Faculty Conference, 2015
  • Co-Organiser and Co-Chair: 2015 Colloquium on the Rights of the Child Implementation Project (CRC-IP), Edinburgh, ‘Doing the ‘Best’ for Children: Best interests, Welfare and Well-Being’
  • Presented paper at expert Children's Rights [Stellenbosch University, South Africa, 2014]

 

Editorial Activity

  • Division Head of Greens Annotated Social Work Statutes for Children and Childcare 2008-10
  • Editor of the Child Law Sections of Butterworths Scottish Family Law Service 2005-10

 

External Examining/Validations

  • Law Society of Scotland, Board of Examiners: Examiner in Family Law (2021- )
  • External Examiner, University of Glasgow (Family Law: LLB / Postgraduate Diploma in Legal Practice) 2015 - 19

 

Fellowships and Awards

  • Clark Foundation Award to develop and run student mini-internships through the Centre for Child & Family Law and Policy (£3,400) 2021-2022
  • P.I. on 5 externally funded projects:
  • Judicial Institute for Scotland training ('Family Matters' conference): March 2021 (£350)
  • Judicial Institute for Scotland (Commercial work: training materials) (£500) 2020
  • RSE award to create Research Network and Child and Family Law Multi-Disciplinary Centre, with Professor R Whitecross (£19,500) 2020-22
  • Scottish Parliament award: Balancing the rights parents and children (report) (£4,872) 2019
  • Royal Society of Edinburgh, with Dr R Whitecross, Funding award for Child and Family Law workshop project (£9,400): 2018-19
  • (with Professor EE Sutherland) Funding and support from the Clark Foundation for Legal Education (£3,015), the Faculty of Advocates and the Law Society of Scotland for organisation of Convention on the Rights of the Child Implementation Project Colloquium 2015
  • Edinburgh Napier University internal research grant (£2,000): 2011-12
  • Edinburgh Napier University grant to research/write peer-reviewed article (£2,000): 2010
  • Funding Award: Clark Foundation for Legal Education (£3,700): 2008
  • Edinburgh Napier University internal funding award towards writing peer-reviewed outputs (£2000): 2008

 

Invited Speaker

  • 'Bergen Exchanges', Presenter/Panel member - Centre on Law & Social Transformation: August 2021
  • Invited Speaker: Judicial Training 'Family Matters' course, March 2021
  • Invited Speaker: Scottish Legal Aid Board training - Child & Family Law Reform, April 2021
  • Children's Rights Colloquium Cambridge University (July 2019)
  • Invited Expert: Convention on the Rights of the Child Colloquium, Stellenbosch University, March 2014

 

Membership of Professional Body

  • Society of Legal Scholars
  • International Society of Family Lawyers
  • Family Law Academic Network
  • Convention on the Rights of the Child Implementation Project ('CRC-IP')
  • Fellow of the Higher Education Academy

 

Non-executive Directorship

  • Scottish Child Law Centre Board of Trustees, Board Member: 2007-10

 

Public/Community Engagement

  • Judicial Institute for Scotland - provision of Training briefing (20 pages)
  • Commissioned by Justice Committee of Scottish Parliament to report / present to committee on Children (S) Bill
  • Served as Edinburgh Royal Hospital for Sick Children bedtime reader (volunteer): 2005-10

 

Reviewing

  • Peer-review, Journal of Social Welfare and Family Law
  • Peer Reviewer (Juridical Review)
  • Peer Reviewer (25th anniversary of the UN Convention on the Rights of the Child (CRC), Leiden University publication )

 

Date


55 results

Practicability in Ascertaining Children's Views: Superseding 'the Default Position'

Journal Article
Barnes Macfarlane, L. (in press)
Practicability in Ascertaining Children's Views: Superseding 'the Default Position'. Journal of Social Welfare and Family Law, https://doi.org/10.1080/09649069.2021.1999108

Extending the judicial checklist in Scottish family court cases: an exercise of caution or a missed opportunity?

Journal Article
Barnes Macfarlane, L. (in press)
Extending the judicial checklist in Scottish family court cases: an exercise of caution or a missed opportunity?. Edinburgh Law Review,

Out of the mouths of babes: listening to children of all ages in family court cases

Journal Article
Barnes Macfarlane, L. (2021)
Out of the mouths of babes: listening to children of all ages in family court cases. The Journal of the Law Society of Scotland,
Critical overview of amendments made by the Children (S) Act 2020 to cases brought under Part 1 of the Children (S) Act 1995 (e.g. contact/residence disputes). These amendment...

Invited Speaker: Judicial Institute for Scotland - ' Family Matters'

Presentation / Conference
Barnes Macfarlane, L. (2021, March)
Invited Speaker: Judicial Institute for Scotland - ' Family Matters'
Invited speaker by Judicial Institute for Scotland - 'Family Matters' Training Course: 30 March 2021

A new welfare test for family court cases: plus ca change..?

Journal Article
Barnes Macfarlane, L. (2021)
A new welfare test for family court cases: plus ca change..?. The Journal of the Law Society of Scotland, 66(3),
The Children (Scotland) Act 2020 makes the most significant amendment to Part 1 of the Children (Scotland) Act 1995 in 25 years. This article discusses the repeal, re-enactme...

Book Review: 'A History of Scottish Child Protection Law'

Journal Article
Barnes Macfarlane, L. (in press)
Book Review: 'A History of Scottish Child Protection Law'. Juridical Review,
Review of 'A History of Scottish Child Protection Law', by K McK Norrie (published 23-7-2020).

Judicial Training Brief - Children (Scotland) Act 2020

Report
Barnes Macfarlane, L. (2020)
Judicial Training Brief - Children (Scotland) Act 2020. Judicial Institute for Scotland
Abstract not available.

Consultation Response to Scottish Law Commission Discussion Paper on Cohabitation

Other
Barnes Macfarlane, L. (in press)
Consultation Response to Scottish Law Commission Discussion Paper on Cohabitation
Barnes Macfarlane, L. (2020). Consultation Response to Scottish Law Commission Discussion Paper on Cohabitation.

Making Law for Children in Scotland: Turning Commitment into Reality

Journal Article
Barnes Macfarlane, L. (2020)
Making Law for Children in Scotland: Turning Commitment into Reality. Amicus Curiae, 1(3), 476-486. https://doi.org/10.14296/ac.v1i3.5176
This note discusses ongoing developments in Scottish law concerning children and the creation of more Children’s Rights-based legislation in Scotland. Two steps being taken b...

Reform for family court cases: making a difference in the everyday lives of children?

Journal Article
Barnes Macfarlane, L. (2020)
Reform for family court cases: making a difference in the everyday lives of children?. Scots Law Times, 2020,
Analysis of the proposals for family law reform contained in the Scottish Government's current Bill and Family Modernisation Strategy.

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