Category: 2017

Reliance by sheriff on child’s evidence from joint investigative interviews to establish s67 grounds was not contrary to right to a fair hearing

NM v Children’s Reporter and IM [2017] SAC (Civ) 37 http://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2017-sac-(civ)-037.pdf?sfvrsn=0 (Sheriff Appeal Court, 13 December 2017) Background: The appellant NM married LM in 1997. They have three children, FM, IM and EM. FM and IM had made a number of allegations of sexual abuse against, among other people, the appellant. In respect of IM […]

Indirect contact provided for in permanence order may include parents viewing photos of children once a year

In the case of Applications for Permanence Orders under Section 80 of the Adoption and Children (Scotland) Act 2007 in respect of the children A and B [2017] SC EDIN 30  http://www.scotcourts.gov.uk/search-judgments/judgment?id=b1c833a7-8980-69d2-b500-ff0000d74aa7 (Edinburgh Sheriff Court, 15 March 2017)  Background: The petitioner is the City of Edinburgh Council as adoption agency for the purposes of the […]

Failure to record consideration of contact when continuing CSO did not justify revocation of CSO

The Locality Reporter Manager v AM [2017] SAC (Civ) 36 http://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2017-sac-(civ)-036.pdf?sfvrsn=0 (Sheriff Appeal Court, 4 October 2017) Background: Appeal by stated case in terms of section 163 of the Children’s Hearings (Scotland) Act 2011. The appeal considered the decision of the summary sheriff at Stirling to terminate a compulsory supervision order (CSO) in respect of child ‘H’, […]

Refusal to grant permanence order – failure of local authority to show permanence necessary

North Lanarkshire Council v KR [2017] SAC (Civ) 38  http://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2017-sac-(civ)-038.pdf?sfvrsn=0?(Sheriff Appeal Court, 15 December 2017)  Background: The appellant sought a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 with authority to adopt a four-year-old child, referred to as ‘Pamela’. The natural mother (KR) with parental rights and responsibilities for Pamela, […]

Individuals seeking to challenge an age assessment in court should do so by judicial review

AU v (First) Glasgow City Council, (Second) The Advocate General [2017] CSOH 122 https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2017csoh122.pdf?sfvrsn=2  (Outer House, Court of Session, 15 September 2017) Background: This case concerned how the age of an asylum seeker with no identification documents was determined and how they could challenge the age the UK authorities had deemed him to be. The […]

Overturning of finding of contempt based on mother’s failure to facilitate contact

SM v. CM [2017] CSIH 1 https://www.scotcourts.gov.uk/search-judgments/judgment?id=434c27a7-8980-69d2-b500-ff0000d74aa7 (Court of Session Inner House, 5 January 2017) Background: SM had been found in contempt of court for refusing to facilitate contact between CM and their child, in proceedings that had combined the question of contact and the question of contempt. A sentence of three months’ imprisonment was […]

Competency of Referral to Sheriff to establish grounds when child not habitually resident in Scotland

Application under the Children’s Hearings (Scotland) Act 2011 by the Principal Reporter in respect of the Child Z [2017] SC GLA 3 https://www.scotcourts.gov.uk/search-judgments/judgment?id=2bc328a7-8980-69d2-b500-ff0000d74aa7 (Glasgow Sheriff Court, 17 January 2017) Background: A baby habitually resident in Poland was made the subject of a child protection order on arrival in Scotland. Reporter made application to Sheriff under […]

Inadvertent end to CSO with consequent risk to the welfare of a child

Note by Sheriff Philip Mann in permanence order proceedings relating to the child RT [2017] SC LER 9 https://www.scotcourts.gov.uk/search-judgments/judgment?id=360b2aa7-8980-69d2-b500-ff0000d74aa7 (Sheriff Court, 2 February 2017) Background: Shetlands Island Council made an application for a permanence order in respect of a child who was subject to a compulsory supervision order (to be in force until 17 December […]

Appeal of CSO continuation deemed frivolous because not based on a point of law

M.B. v Douglas Hill, Locality Reporter Manager [2017] SAC (Civ) 10 http://www.scotcourts.gov.uk/docs/default-source/sheriff-appeal-court-(civil)/2017-sac-(civ)-010.pdf?sfvrsn=2 (Sheriff Appeal Court, 16 February 2017) Background: MB is the mother, and GM the father, of three children (CM, ZM and LM). All three children are subject to compulsory supervision orders (CSO). A children’s hearing reviewed the CSOs on 19 July 2016. CM’s […]

Recall of adoption order for failure by Sheriff to consider less drastic alternatives

LO v. N & C [2017] CSIH 14 https://www.scotcourts.gov.uk/search-judgments/judgment?id=d4c52aa7-8980-69d2-b500-ff0000d74aa7 (Court of Session Inner House, 16 February 2017) An appeal from the Sheriff Principal in an adoption application where the Sheriff had granted the order, with contact conditions, and terminated the compulsory supervision order (CSO). Background: The respondents sought adoption of E in 2015. An adoption […]

Mandatory disclosure of an offence handled by Children’s Hearing system deemed a violation of article 8 rights

P(AP) v The Scottish Ministers [2017] CSOH 33 https://www.scotcourts.gov.uk/search-judgments/judgment?id=70d42ba7-8980-69d2-b500-ff0000d74aa7 (Court of Session Outer House, 28 February 2017) Background: A jobseeker was denied employment in a care home following a disclosure check which revealed he had been made subject to a supervision order for the offence of lewd and libidinous practices. He was 14 years old […]

Permanence order threshold test of whether residence with a parent would be “seriously detrimental” to a child

In the matter of EV (A Child) (Scotland); In the matter of EV (A Child) (No 2) (Scotland) [2017] UKSC 15 https://www.supremecourt.uk/cases/uksc-2016-0220.html; https://www.supremecourt.uk/cases/uksc-2016-0222.html (Supreme Court, 1 March 2017) The Supreme Court unanimously allowed an appeal by parents who challenged a permanence order made by West Lothian Council in respect of their child (“EV”). Background: The […]

Decision to refuse a proof involving child’s testimony not a violation of Article 6 rights, nor against child’s interest

A.F. v R.F. [2017] SAC (Civ) 18 http://www.scotcourts.gov.uk/docs/default-source/sheriff-appeal-court-(civil)/2017-sac-(civ)-018.pdf  (Sheriff Appeal Court, 2 March 2017) Background: S was born in February 2008, and has lived with her mother since her parents separated in July 2010. Litigation concerning the consequences of the separation and S’s welfare began in 2011, and S’s parents divorced in May 2013. During […]

Scottish law on sexual offences incompatible with human rights

AB v Her Majesty’s Advocate [2017] UKSC 25 https://www.supremecourt.uk/cases/uksc-2016-0083.html (Supreme Court, 5 April 2017) Background: When the appellant was aged 14 he was charged with lewd and libidinous practices and contravention of section 6 of the Criminal Law (Consolidation)(Scotland) Act 1995. The alleged behaviour involved him showing online pornographic images to a young boy, and […]

Relocation order denied due to consideration of the welfare of the child

GB or L v JL [2017] CSOH 60 https://www.scotcourts.gov.uk/search-judgments/judgment?id=1d562fa7-8980-69d2-b500-ff0000d74aa7 (Outer House, Court of Session, 6 April 2017) Background: The parties are married with one child, OJL, born in February 2015. Due to the irretrievable breakdown of the marriage, GB decided to return to England and sought both a residence order providing that the child reside […]

Refusal to order return of child to Portugal despite wrongful removal to Scotland by mother

In the Petition of GCMR for an order under the Child Abduction and Custody Act 1985 [2017] CSOH 66 https://www.scotcourts.gov.uk/search-judgments/judgment?id=822331a7-8980-69d2-b500-ff0000d74aa7 (Outer House, Court of Session, 21 April 2017) Background: GCMR and the respondent, both Portuguese citizens, had a child who was born in Portugal in September 2006. While both parties had been sharing her care equally […]

Objections by child regarding return to Sweden outweighed by particular circumstances and policy considerations

In the Petition of YG v EEP [2017] CSOH 75 https://www.scotcourts.gov.uk/search-judgments/judgment?id=6be432a7-8980-69d2-b500-ff0000d74aa7 (Outer House, Court of Session, 10 May 2017) Background: In January 2016 the respondent returned to Scotland from Sweden, with a child she had given birth to in Sweden in May 2009. In September2016 a District Court in Sweden ordered that the petitioner, the […]

Return of child to Spain following failure to establish defence of consent to removal

In the Petition of ES for orders under the Child Abduction and Custody Act 1985 against EML [2017] CSOH 79 https://www.scotcourts.gov.uk/search-judgments/judgment?id=8b2833a7-8980-69d2-b500-ff0000d74aa7 (Outer House, Court of Session, 12 May 2017) Background: The parties married in Spain in March 2012. The respondent, a Spanish national, gave birth to a child (‘EVSM’) in September 2012, in Spain. The […]

14-year-old girl successfully challenges Relevant Person Status of grandparents

CF v MF, GF and Locality Reporter [2017] CSIH 44 http://www.scotcourts.gov.uk/search-judgments/judgment?id=624d38a7-8980-69d2-b500-ff0000d74aa7 (Inner House, Court of Session, 11 July 2017) Background: This case concerns Relevant Person status in the Children’s Hearings System. Clan Childlaw represented a 14-year-old girl who had initiated proceedings by requesting a pre-hearing panel to remove Relevant Person status from both her maternal grandparents. At her […]

Contact – risk of ostracism from ultra-orthodox religious community – Appeal allowed

Re M (Children) [2017] EWCA Civ 2164 (on appeal from J v B [2017] EWFC 4) (Ultra-Orthodox Judaism: Transgender) https://www.judiciary.gov.uk/wp-content/uploads/2017/12/in-the-matter-of-m-20171220.pdf (England and Wales Court of Appeal (Civil Division), 20 December 2017)  (Appealed decision: http://www.bailii.org/ew/cases/EWFC/HCJ/2017/4.html (England and Wales Family Court, 30 January 2017))  Background: The father of five children, in an Ultra-Orthodox Jewish community, left home to live as […]