Child law case summaries

Summaries by Clan Childlaw of recent cases of interest

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.

Length of time a child is settled elsewhere may be taken into account when considering whether a permanence order can be granted Scottish Borders Council v Z

Sheriff finds Children's Hearing should have included an order for a DNA test in Compulsory Supervision Order JS v Decision of a Children’s Hearing [2021] SC EDIN 1

Note by Sheriff Principal A Y Anwar in the cause JC against MN - Appeal of decision to refuse interim indirect contact refused as incompetent

Judgement of Sheriff A Cubie in the decision in relation to possible contempt of court by XY Council in social work referral proceedings concerning the S children ([2020] SC GLA 40) - The actions of a local authority in producing heavily redacted documents in response to a specification found not to be in contempt

Note of Reasons By Sheriff B A Mohan in appeals by TJL v a Decision of the Children’s Hearing for Dumfries of 17 July 2020 in respect of M (31/12/2018) and T (4/1/2020) ([2020] SC DUM 39) - Father of young children loses appeal against ‘no contact’ order

The Petition of JP for Orders under the Child Abduction and Custody Act 1985 against AAR and ENM [2020] CSOH 80 - Return order refused for Italian child placed in temporary foster care

JB v HM Advocate, Appeal Court, High Court of Justiciary [2020] HCJAC 35 - High Court reduces sentence of teenager convicted of knife offence to better promote best interests of the appellant and his re-integration into society

W v A [2020] CSIH 55 - Court of Session judgment concerning return orders under the Child Abduction and Custody Act 1985, and the need to take a child-centred approach

ABC v Principal Reporter and another; In the matter of XY [2020] UKSC 26 - Supreme Court holds children's hearings to be compatible with human rights in relation to brothers and sisters

England & Wales: Uddin v Secretary of State for Home Department - foster care relationships no different to birth families in test for family life under article 8 ECHR

England & Wales: AR v London Borough of Waltham Forest - High Court dismisses legal challenge to lack of secure accommodation which has resulted in children being kept overnight in police cells

Northern Ireland: application by JLK (a minor) for judicial review - High Court of Justice finds 15-year old who was interviewed by policy and identified by media pre-charge was not discriminated against

ABC v Principal Reporter and another UKSC 2019/0063; In the matter of XY UKSC 2019/0134 - two Scottish appeals before UK Supreme Court re. sibling rights in children's hearings

Aberdeenshire Council and SS, DS [2020 UT 25] - Upper Tribunal refuses appeal by Aberdeenshire Council in case concerning placing request for a child with additional support needs

Application for a Permanence Order under Section 80 of the Adoption and Children (Scotland) Act 2007 by The City of Edinburgh Council in relation to A against B & C [2020] SC EDIN 21 - City of Edinburgh Council granted permanence order with authority to adopt

MS (Pakistan) V Secretary of State for the Home Department, [2020] UKSC 9 - Supreme Court upholds protections for victims of human trafficking

Enaburekhan (Nigeria) v Secretary of State for the Home Department [2020] CSOH 18 - Petitioner asserting de facto parental relationship with nephews successfully challenges refusal of leave to appeal

AZ (AP) v Secretary of State for the Home Department, [2020] CSOH 15 - Court of Session judgment concerning discretionary leave to remain and the distinctive position of Scottish students regarding tuition fees

X v Y [2020] SC STI 07 - “Best Interests of the Child” assessment in cases concerning temporary relocation

Robert Havrila (AP) for Judicial Review [2019] CSOH 108 - Best interests of children a relevant consideration in discretionary extension of judicial review time bar

YS v BS [2019] CSIH 50 - Removal of children by mother from Italy to Scotland held to have been with father's consent - Supreme Court refuses permission to appeal

MN v ON [2019] SAC (Civ) 35 - Regarding the exercise of case management by a sheriff at Child Welfare Hearings

LRK v AG [2019] SAC (Civ) 33 - Sheriff Appeal Court notes case highlights clash between procedure and need for flexibility when dealing with the interests of a child

LO and EO v The Children’s Reporter and Another [2019] CSIH 55 - Regarding the effect an acquittal in the criminal courts has on established grounds in the Children’s Hearings system

In the matter of D (A Child) [2019] UKSC 42 - Supreme Court decision on whether parental consent to living arrangements can prevent such arrangements from amounting to a deprivation of liberty under Article 5 ECHR

NH V HMA [2019] HCJ 46 - Use of accepted grounds in children's hearings as evidence in criminal proceedings

MK (Assisted person) V TDD [2019] SCLER 66 - Evidential burden on pursers in relocation cases

In respect of children CC, FC and LC [2019] SC LIV 60 - Proof on whether the children's mother had subjected them to unnecessary medical treatment

CM V ME-M [2019] SAC (CIV) 030 - Evidential evaluation of hearsay statements of sexual abuse/inappropriate sexual contact from a child in civil proceedings

RG v Glasgow City Council and SA [2019] CSIH 45 - Reliance of facts established at a grounds referral proof when considering a permanence order

AA v BB [2019] SC DUN 94 - Proof concerning contact arrangements and the appropriateness of an order requiring parental cooperation

Mr Ahmad (a pseudonym) v Mrs Ahmad (a pseudonym) [2019] SC GLA 96 - Sheriff court decision to refuse the grant of both direct and indirect contact to a Pursuer after consideration of the matters set out in Section 11(7) of 1995 Act

CA and CM against a decision of The Children’s Hearing in respect of DHB [2019] SCABE95 - Sheriff Court decision on the correct test to be applied by a Children’s Hearing in considering whether to include a measure in a CSO prohibiting disclosure of a child’s place of residence

A v C and B v C [2018] CSOH 65 - Damages awarded for historical sexual abuse

TJ v SB [2018] SAC (Civ) 15 - Ruling on the sheriff's failure to make an order for breach of contact order and contempt of court

ABC v Principal Reporter and others, [2018] CSOH 81 - Ruling on siblings' participation in children's hearings

NR v Roma Bruce-Davies, Scottish Children’s Reporter’s Administration [2018] SAC (Civ) 13 - Appeals against a sheriff’s decision on appeal from a children's hearing decision should be an exceptional event

The City of Edinburgh Council v RO and RD [2016] SAC (Civ) 15 – Permanence Case with authority to adopt – duties and tests

NM v Children’s Reporter and IM [2017] SAC (Civ) 37 - Reliance by sheriff on child's evidence from joint investigative interviews to establish s67 grounds was not contrary to right to a fair hearing

Applications for Permanence Orders in respect of A and B [2017] SC EDIN 30 - Indirect contact provided for in permanence order may include parents viewing photographs of the children once a year

The Locality Reporter Manager v AM [2017] SAC (Civ) 36 - Failure to record consideration of contact when continuing CSO did not justify revocation of CSO

North Lanarkshire Council v KR [2017] SAC (Civ) 38 - Sheriff was right to refuse to grant permanence order – failure of local authority to show permanence necessary

AU v (First) Glasgow City Council, (Second) The Advocate General [2017] CSOH 122 - Individuals seeking to challenge an age assessment in court should do so by judicial review

SM v. CM [2017] CSIH 1 – Overturning of finding of contempt based on mother’s failure to facilitate contact

Application under the Children’s Hearings (Scotland) Act 2011 by the Principal Reporter in respect of the Child Z [2017] SC GLA 3 – Competency of Referral to Sheriff to establish grounds when child not habitually resident in Scotland

In the matter of A, B, C, D, E and F (Children) [2017] EWHC 35 (Fam) – Natural parents of children subject to Scottish permanence orders and their consent in English adoption proceedings

Note by Sheriff Philip Mann in permanence order proceedings relating to the child RT [2017] SC LER 9 – Inadvertent end to CSO with consequent risk to the welfare of a child

M.B. v Douglas Hill, Locality Reporter Manager [2017] SAC (Civ) 10 – Appeal of CSO continuation deemed frivolous because not based on a point of law

LO v. N & C [2017] CSIH 14 – Recall of adoption order for failure by Sheriff to consider less drastic alternatives

P(AP) v The Scottish Ministers [2017] CSOH 33 – Mandatory disclosure of an offence handled by Children’s Hearing system deemed a violation of Article 8 rights

In the matter of EV (A Child) (Scotland); In the matter of EV (A Child) (No 2) (Scotland) [2017] UKSC 15 – Permanence order threshold test of whether residence with a parent would be “seriously detrimental” to a child

A.F. v R.F. [2017] SAC (Civ) 18 – Decision to refuse a proof involving a child’s testimony not a violation of Article 6 rights, nor against child’s interest

AB v Her Majesty’s Advocate [2017] UKSC 25 – Scottish law on sexual offences incompatible with human rights

GB or L v JL [2017] CSOH 60 – Relocation order denied due to consideration of the welfare of the child

In the Petition of GCMR for an order under the Child Abduction and Custody Act 1985 [2017] CSOH 66 – Refusal to order return of child to Portugal despite wrongful removal to Scotland by mother

In the Petition of YG v EEP [2017] CSOH 75 – Objections by child regarding return to Sweden outweighed by particular circumstances and policy considerations

In the Petition of ES v EML [2017] CSOH 79 – Return of child to Spain following failure to establish defence of consent to removal

LA v. JJH [2016] SAC (Civ) 002 – Warning about use of evidential child welfare hearings

The Christian Institute and others v The Lord Advocate [2016] UKSC 51 – Named Person scheme information sharing provisions incompatible with human rights

H v H [2016] SAC(Civ) 12 – Delay in family action involving children

East Renfrewshire Council Appeal against decision of sheriff at Paisley [2016] SAC (Civ) 14 – Implementation Authority bearing costs of child looked after elsewhere

CC v Maureen Manns, Locality Reporter [2016] SAC (Civ) 13 – “Un-deeming” of Relevant Person – test

CF v MF, GF and Locality Reporter [2017] CSIH 44 – 14 year old girl successfully challenges Relevant Person Status of grandparents

ZM and AM v Locality Reporter [2016] SAC (Civ) 16 – Meaning of “close connection” and “significant contact” in s67(2) 2011 Act

Application by JKL (a minor) to apply for judicial review [2016] NIQB 99 – Dismissal of a complaint regarding government’s failure to legislate to protect identify of children pre-charge

Re M (Children) [2017] EWCA (Civ) 2164 (Ultra-Orthodox Judaism: Transgender) on appeal from [2017] EWFC 4 – Contact – risk of ostracism from ultra-orthodox religious community

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