LO and EO v The Children’s Reporter and Another [2019] CSIH 55
https://scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2019csih55.pdf (Inner House, Court of Session, 19 November 2019)
The Inner House of the Court of Session has issued a judgment in respect to a stated case concerning the review of compulsory supervision orders involving three children. The Court had to rule on, inter alia, whether the decisions to continue and vary the CSOs in respect of the younger two children were in error.
The grounds of referral pertained to the fact that the children had, or were likely to have, a close connection with a person who had committed a schedule 1 offence. Following referral, the parents were acquitted in the criminal courts in respect to the alleged behaviour that gave rise to the referral grounds. They appealed the CSO decisions to the Sheriff Court, contending that the acquittal meant that the established grounds were no longer extant.
The Inner House, in considering whether the Sheriff Court had erred in refusing this appeal, succinctly determined that:
“It is well established that when a ground of referral to a children’s hearing relies upon the committal of a schedule 1 offence, a criminal conviction is not a prerequisite, and that a ground might be established even if a prosecution results in an acquittal”.
Read the judgment here.
Please note these summaries are intended for your assistance, but are neither exhaustive nor definitive. For a full authoritative report of a summarised case, please go to the official case report via the web link provided.
