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Dr Lesley-Anne Barnes Macfarlane
 
Lecturer in Child and Family Law & Law of Evidence
The Business School
 
Contact details
Tel: +44 (0) 131 455 4570
Email: l.macfarlane@napier.ac.uk
 
Qualifications (Academic)
LLB (Hons, First Class), University of Glasgow; LLM, University of Strathclyde; PhD, Edinburgh Napier University 
 
Qualifications (Professional)
Dip LP (Distinction), University of Glasgow; PGCE (TLHE), Edinburgh Napier University
 
Research Areas
Child and Family Law, Children’s Rights, Private Law (in particular children and Delict/Tort), Gender, Dispute Resolution
 
Biography
Lesley-Anne is lecturer in Child and Family Law and the Law of Evidence in the Centre for Law. Her research interests lie mainly in the fields of Child and Family Law, Private Law and Children's Rights.  She is Year 4 Tutor and is also joint personal development tutor ('PDT') for students in Years 1 and 4 of the LLB Programme. She is a member of the University’s Child and Family Law and Policy Team. Among other things, the Team research contemporary issues in Child and Family Law and comment on legal and social policy reform. She also provides training for solicitors and other professionals on Child and Family Law matters whenever time permits. Before joining the Law team at Edinburgh Napier University, Lesley-Anne practised as a solicitor, specialising in Child and Family Law. 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 as a Court Welfare Reporter and Curator ad Litem in complex family proceedings also informs her current research.
 
University Responsibilities
Lesley-Anne’s research outputs are listed below.  She contributes to teaching on a wide range of modules. She is a Fellow of the Higher Education Academy and is subject organiser and lecturer for the following modules:
  • Family Law (LLB Ordinary)
  • Contemporary Issues in Child and Family Law (LLB Honours)
  • Law of Evidence (LLB Ordinary)
  • Child Welfare and the Law (LLM Programme in Health and Social Welfare Law
)
  • Dispute Resolution Methods (LLM Programme in International Commercial Law), taught jointly with Dr Richard  Whitecross.
She is the ‘NSA’ (Napier Students’ Association) Academic Partner for the Accounting, Financial Services and Law subject groups. In 2010, Lesley-Anne was involved in a University-wide staff consultation group on Student Feedback issues and she has ongoing responsibilities concerning feedback within the University's Law Group. From 2013-2015 she sat on the Faculty Academic Strategy and Enhancement Committee ('FASEC').
 
Lesley-Anne is regularly nominated/shortlisted for Student LTA awards. She was awarded ‘Best Tutor’ (ENUBS) by the Napier Student Association in the 2014 ‘Excellence Awards’ and was also runner-up in the University ‘Best Feedback’ category. In 2015, she was awarded the University-wide ‘Best Feedback’ Excellence Award. She was also shortlisted as 'Most Innovative Tutor' by the Napier Student Association. In 2016, she was again shortlisted for 'Best Tutor'.
 
Selected Publications
Books
  • UN Convention on the Rights of the Child: Best Interests, Welfare and Well-being, Eds Elaine E Sutherland and Lesley-Anne Barnes Macfarlane, Cambridge University Press (2016)
  • (related Colloquium on the Rights of the Child Implementation Project (CRC-IP), Edinburgh, ‘Doing the ‘Best’ for Children: Best interests, Welfare and Well-Being’ (Article 3), webpages: http://www.stir.ac.uk/crc-ip/

Articles

  • Macfarlane, L-A B, ‘Rethinking Childhood Contributory Negligence: ‘Blame’, ‘Fault’, but what about Children’s Rights?’, Juridical Review, 2018, forthcoming publication
  • Macfarlane, L-A B,‘ Patrick v Patrick and Re A Letter To A Young Person: Judicial Letters to Children – an unannounced, but not an unwelcome, development’, Edinburgh Law Review 2018, Vol 22,(1), 101-107.
  • Macfarlane, L-A B,‘Taking care of the small: Article 6 of the Convention on the Rights of the Child and childhood accidental injury claims in Scotland’, Stellenbosch Law Review, 2015 (2), 424-442
  • Macfarlane, L-A B, ‘F v F: MMR Vaccine – welfare need or welfare norm?’, Edinburgh Law Review, 2014, Vol 18, 284-289
  • Macfarlane, L-A B, ‘The Children and Young People (Scotland) Bill’, Scottish Parliamentary Review, 2013, Vol 1(2), 151-161
  • Macfarlane, L-A B, 'Contributory Negligence and the Child', Juridical Review, Vol 3, 2010, 195-215
  • Barnes, L-A, 'Dear Judge, I am writing to you because I think it's pathetic': Re A-H (Children), 2009 Edinburgh Law Review, Vol 13, 528 - 533
  • Barnes, L-A, Teachers, Pupil Injuries and Standard(s) of Care: as easy as 1, 2, 3?' September 2009 SCOLAG Journal 383 216-218
  • Barnes, L-A, 'Trips, Slips and Bangs: Pupil Injury Claims and the Teacher's Duty of Care', Juridical Review, 2009, Vol 3, 189 - 207
  • Barnes, L-A, '"Moral actors in their own right": consideration of the views of children in family proceedings', Scots Law Times, 2008, 21, 139 -142
  • Barnes, L-A, '"A child is, after all, a child": ascertaining the ability of children to express views in family proceedings', Scots Law Times, 2008, 18, 121-127
  • Barnes, L-A, 'Gender Identity and Scottish Law: a consideration of the legal response to Transsexuality', Edinburgh Law Review, 2007, Vol 11,162 - 186
  • Barnes, L-A, 'Sticks, stones and broken bones (and legal expenses too?)', January 2007, SCOLAG Journal 351, 7-11
  • Barnes, L-A, 'Transsexuality and 'kidulthood': treatment and recognition', Scots Law Times, 2006, 25, 169 - 186
  • Barnes, L-A, 'Fighting the bullies', Journal of the Law Society (Scotland), Vol 51(16), August 2006
  • Barnes, L-A, 'When Social inclusion becomes Social exclusion', September 2003, SCOLAG Journal, 311, 160-163
  • Barnes, L-A, 'The Right to Education', Journal of the Law Society (Scotland), Vol 46(7) June 2001

Chapters

  • Macfarlane, L-A B, ‘Serving Best Interests in ‘Known Biological Father’ Disputes’, chapter in UN Convention on the Rights of the Child: Best Interests, Welfare and Well-being, Eds Elaine E Sutherland and Lesley-Anne Barnes Macfarlane, Cambridge University Press (2017)
  • Sutherland EE & Macfarlane, L-A B, ‘Introduction’, chapter in UN Convention on the Rights of the Child: Best Interests, Welfare and Well-being, Eds Elaine E Sutherland and Lesley-Anne Barnes Macfarlane, Cambridge University Press (2017)
  • Macfarlane, L-A B, 'Douglas v Duke of Hamilton', chapter in Scots Law Tales II, Eds John P Grant and Elaine E Sutherland, Avizandum (2013)
  • Macfarlane, L-A B, Family Law: Past, Present and Future', 'Scottish Life and Society': chapter in 'A Compendium of Scottish Ethnology', Edinburgh University Press (2012)
  • Barnes, L-A, 'The Child’s Right to Education’, chapter in Children's Rights in Scotland (3rd ed., A Cleland and E Sutherland), W Green (2009)
  • Barnes, L-A, 'Family Law' chapter in Scots Law for Students: An Introduction, Dundee University Press, (2007) 
     

Professional Volumes and Publications

  • Greens Annotated Social Work Statutes, Division Head ('Children and Child Care'), 2008 - 2010
  • Certificate in Scots Education Law (Training and Study Materials), Central Law Training, 2010
  • Butterworths Scottish Family Law Service (responsibility for Child Law Division), Professional loose-leaf handbook of authority, 2005 – 2010
  • 'Ready to Learn but disliking being taught', March 2004, Enquire
Publication Reviews
  • Macfarlane, L-A B ‘Family Law in Scotland’: publication review, Scots Law Times, 2012, 22
  • Barnes, L-A, ‘Parenting After Partnering: Containing Conflict After Separation’, SCOLAG Journal 2009, 375, 26
  • Barnes, L-A, ‘Personal Injury Damages in Scotland’, SCOLAG Journal 2008, 372, 267
  • Barnes, L-A, ‘Divorce and dissolution of Civil Partnership in the Sheriff Court’, SCOLAG Journal 2007, 356, 131
  • Barnes, L-A, ‘Changing Scotland: Evidence from the British Household Panel Survey’, SCOLAG Journal 2006, 349, 246
  • Barnes, L-A, ‘Family Law’: publication review, Scots Law Times, 2006, 251 – 252
  • Barnes, L-A, ‘Scottish Legal System’, SCOLAG Journal 2006, 348, 221
  • Barnes, L-A, ‘Evidence’: publication review, Scots Law Times, 2006, 36, 234
  • Barnes, L-A, ‘Analysing Women's Imprisonment’, SCOLAG Journal 2005, 335, 203
  • Barnes, L-A, ‘Gender, Crime and Criminal Justice’, SCOLAG Journal 2005, 332, 1
  • Barnes, L-A, ‘Family Violence across the Lifespan: An Introduction’, SCOLAG Journal 2005, 329, 59
  • Barnes, L-A, ‘A-Z of Scots Education Law’, SCOLAG Journal 2005, 328, 38
  • Barnes, L-A, ‘Social Inequality and Social Injustice: A Human Rights Perspective’, SCOLAG Journal 2005, 327, 23
  • Barnes, L-A, ‘Youth and Crime’, SCOLAG Journal 2004, 326, 247

Funding Awards

  • (2014-15) (with Professor Elaine E Sutherland) funding and support from the Clark Foundation for Legal Education, the Faculty of Advocates and the Law Society of Scotland for organisation of Convention on the Rights of the Child Implementation Project Colloquium 2015
  • (2011) Edinburgh Napier University internal research grant to support personal research in Academic Session 2011-12: £2,200
  • (2010) Edinburgh Napier University grant to research/write peer-reviewed article (‘Contributory Negligence and the Child', Juridical Review, cited above): January 2010 - June 2010: £2,000
  • (2008) Edinburgh Napier University grant to research delictual remedies for victims of 'third party' injury: August 2008 - June 2009: £2,000
  • (2007) Clark Foundation award to research into civil remedies for bullied pupils: October 2007 - June 2008 (resulting articles: 'Slips, Trips and Bangs: The Teacher's Duty of Care', Juridical Review; 'Teachers, Pupil Injuries and Standard(s) of Care…', SCOLAG, both cited above): £3,700

Selected Papers / Conferences

  • ‘Issues of Rights and Capacity: child and adolescent medical decisions’, Royal College of Psychiatrists in Scotland Child and Adolescent Faculty Conference, November 2015
  • ‘Serving Best Interests in ‘Known Biological Father’ disputes’, Colloquium on the Rights of the Child Implementation Project (CRC-IP), Edinburgh, June 2015
  • ‘Children and their general capacity in Scots law: medical decision-making’, Centre for Mental Health and Incapacity Law, Rights and Policy Event, Edinburgh Napier University, March 2015
  • ‘Observations on operation of Article 6 of the CRC in Scotland’, Convention on the Rights of the Child Colloquium, Stellenbosch University, March 2014
  • ‘An overview of changing legislation for Additional Support Needs’, Additional Support Needs Conference, Central Law Training, January 2010
  • 'Parents' and pupils' rights, Education Law for Teachers Conference, Central Law Training, September 2009
  • 'What does "impracticable" mean in family proceedings involving children?', Research Conference, Centre for Research on Families and Relationships (Edinburgh University), June 2009
  • 'Education law and the child's place', Education Law Seminar, Central Law Training ('CLT'), September 2008
    'Children's views in the family court process', Child Law Conference, CLT, April 2008
  • 'Reflections on Gender Recognition: civil and criminal aspects', Scottish Universities Law Faculties Conference, sponsored by W. Green Publishers and The Faculty of Advocates, June 2005
  • 'Children with Special Needs', Scottish Education Law Conference, Sir Crispin Agnew of Lochnaw Bt QC, September 2004
  • 'School Exclusions: Social exclusions', Education Law Training, W.S. Society, July 2003
  • 'An overview of Scots Education Law', Child Law Conference, Law Society of Scotland, June 2002

University Positions Held / Professional Affiliations 
Internal

  • Edinburgh Napier Students’ Association Academic Partner (Accounting, Financial Services and Law groups) for The Business School
  • Edinburgh Napier University Child and Family Law and Policy Team member
  • ECR Working Group Member (Early Career Researchers)
  • Edinburgh Napier Faculty Academic Strategy and Enhancement Committee member (‘FASEC’): 2013-2015

External

  • International Society of Family Law
  • Society of Legal Scholars
  • External Examiner, University of Glasgow (Family Law: LLB, LLB (Hons) / Postgraduate Diploma in Legal Practice)
  • Children in Scotland (membership for University Child and Family Law and Policy Team)
  • SCOLAG (‘Scottish Legal Action Group’)
  • Family Law Academic Network (‘FLANS’)
  • Higher Education Academy
  • Law Society of Scotland Practising Certificate Committee Member (until 2017)
  • Scottish Child Law Centre Board of Trustees, Board Member, 2007-10
  • Edinburgh Royal Hospital for Sick Children, Volunteer Bedtime Reader, 2005-2010
  • Professional Competence Course tutor, University of Edinburgh: 2003