A Scottish local authority Council breached its duty to provide an adequate plan to support an autistic child’s return education
The City of Edinburgh Council v R 2018 CSIH 20 http://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2018csih20.pdf?sfvrsn=4 (Second Division, Inner House, Court of Session, 23 March 2018) Background: This case was an appeal by the City of Edinburgh Council against a decision of the Additional Support Needs Tribunal for Scotland (ASNT) which found that a failure to provide an adequate Co-ordinated Support Plan (CSP) amounted to unlawful disability […]
Warning about use of evidential child welfare hearings
LA v. JJH [2016] SAC (Civ) 002 http://www.scotcourts.gov.uk/docs/default-source/sheriff-appeal-court-(civil)/2016-sac-(civ)-002.pdf (Sheriff Appeal Court, 10 May 2016) Background: A Falkirk Sheriff granted a residence order providing that the child should reside with his father, the respondent. The appellant argued that the Sheriff’s decision had erred on findings of fact, based on evidence led at a child welfare hearing. […]
Named Person scheme information sharing provisions incompatible with human rights
The Christian Institute and others v The Lord Advocate [2016] UKSC 51 https://www.supremecourt.uk/cases/uksc-2015-0216.html (Supreme Court, 28 July 2016) Background: The Children and Young People (Scotland) Act 2014 provides for a named person service in relation to children and young people in Scotland and establishes the new professional role of the “named person”. Part 4 of […]
Delay in family action involving children
H v H [2016] SAC(Civ) 12 http://www.scotcourts.gov.uk/docs/default-source/sheriff-appeal-court-(civil)/2016-sac-(civ)-012.pdf?status=Temp&sfvrsn=0.29287373868232724 (Sheriff Appeal Court, 11 November 2016) Background: Action originally raised in 2010 by the appellant who sought residence orders in respect of the parties’ four children, interdict against removal of the children from the jurisdiction and delivery of the children. The respondent sought residence and specific issue orders […]
Implementation Authority bearing costs of child looked after elsewhere
East Renfrewshire Council Appeal against decision of sheriff at Paisley [2016] SAC (Civ) 14 http://www.scotcourts.gov.uk/docs/default-source/sheriff-appeal-court-(civil)/2016-sac-(civ)-014.pdf?sfvrsn=2 (Sheriff Appeal Court, 25 November 2016) Background: D (15 years old) was born and brought up initially in Highland Council. He was accommodated by Highland Council in 2012. He was moved to a residential unit in Lancashire (where he has […]
“Un-deeming” of Relevant Person – test
CC v Maureen Manns, Locality Reporter [2016] SAC (Civ) 13 http://www.scotcourts.gov.uk/docs/default-source/sheriff-appeal-court-(civil)/2016-sac-(civ)-013.pdf?sfvrsn=2 (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 […]
Dismissal of a complaint regarding government’s failure to legislate to protect identify of children pre-charge
In the matter of an application by JKL (a minor) to apply for judicial review and in the matter of a decision of the Department of Justice [2016] NIQB 99 https://www.courtsni.gov.uk/en-GB/Judicial%20Decisions/PublishedByYear/Documents/2016/[2016]%20NIQB%2099/2015_108163.htm (High Court of Justice in Northern Ireland – Queen’s Bench Division, 21 December 2016) Background: The applicant, a 15-year-old child with Asperger’s Syndrome, was […]
Meaning of “close connection” and “significant contact” in s67(2) 2011 Act
ZM and AM v Locality Reporter [2016] SAC (Civ) 16 http://www.scotcourts.gov.uk/docs/default-source/sheriff-appeal-court-(civil)/2016-sac-(civ)-016.pdf?sfvrsn=2(Sheriff Appeal Court, 13 December 2016) Background: Married couple (ZM and AM) with one child (LM) separated in 2012, following the reporting of a sexual assault by AM on another child. After a period of no contact between AM and LM, supervised and unsupervised contact […]
