CC v Maureen Manns, Locality Reporter [2016] SAC (Civ) 13 (Sheriff Appeal Court, 25 November 2016)

Background: Pre-hearing panel decided that child’s father’s partner was no longer deemed to be a relevant person 2 years after CPO and child went into foster care “on the grounds that she no longer played a significant part in the child’s day to day life, she did not make decisions for him, she had no parental responsibility, all decisions were made by the father, the appellant and the father do not reside together and the child has been in foster care for two years.” Partner and father continued to exercise supervised contact twice, then once weekly.

Held: The court stated that:

“…we do not rule out the possibility that even where the cause of the cessation of involvement is solely state intervention the passage of time will eventually be such that … the involvement is merely historical. Each case will depend upon its own facts and circumstances. But where, as here, the cessation of involvement was solely because of the child protection order and the appellant has continued to exercise contact with the child to the extent allowed her by the children’s hearing, in our opinion the appellant continues to be a relevant person.” [5]