Category: 2020

Appeal of decision to refuse interim indirect contact by video call found incompetent

Note by Sheriff Principal A Y Anwar in the cause JC v MN [2020] SAC (Civ) 17 AYR-F298-19 https://scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2020-sacciv-017.pdf?sfvrsn=0 (Sheriff Appeal Court, 10 November 2020) Background & Procedural History This case considers contact in relation to a 6-year-old child. On 27th July 2020 a decision was made by the Sheriff to make an interim award of contact […]

The actions of a local authority in producing heavily redacted documents in response to a specification found not to be in contempt

Judgment 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) https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2020scgla40.pdf?sfvrsn=0  In a judgment provided by Sheriff A Cubie, concerns were raised over the actions of a local authority and whether their actions had […]

Father of young children loses appeal against ‘no contact’ order

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) https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2020scdum39.pdf?sfvrsn=0 (Sheriff Court, 19 August 2020) The father of two young children (19 month and 7 months) has […]

Return order under Child Abduction and Custody Act 1985 refused for Italian child placed in temporary foster care

The Petition of JP for Orders under the Child Abduction and Custody Act 1985 against AAR and ENM, 2020 CSOH 80  https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2020csoh80.pdf?sfvrsn=0 (Outer House, Court of Session, 28 August 2020) JP, the Petitioner in this case and mother of a child born in Italy in 2012, applied for an order under the Child Abduction and Custody Act 1985. […]

High Court reduces sentence of teenager convicted of knife offence to better promote best interests of the appellant and his re-integration into society

High Court reduces sentence of teenager in JB v HM Advocate, Appeal Court, High Court of Justiciary [2020] HCJAC 35 HCA/2020/000078/XC  https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2020hcjac35.pdf?sfvrsn=0 (Appeal Court, High Court of Justiciary, 25 August 2020) On the 25 August 2020 the High Court reduced the sentence of JB, a teenager who had previously been sentenced after committing an assault with […]

Court of Session judgment concerning return orders under the Child Abduction and Custody Act 1985, and the need to take a child-centred approach

W v A [2020] CSIH 55 – Regarding the child-centred approach required in cases concerning return orders under the Child Abduction and Custody Act 1985  https://scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2020csih553f6202a8898069d2b500ff0000d74aa7.pdf?sfvrsn=0 (Inner House, Court of Session, 21 August 2020) The Inner House of the Court of Session has quashed a return order sought by a father in respect of his 10–year old child. […]

Supreme Court finds children’s hearings to be compatible with human rights in relation to brothers and sisters

AB v Principal Reporter and another; In the matter of XY [2020] UKSC 26 https://www.supremecourt.uk/cases/docs/uksc-2019-0063-judgment.pdf UK Supreme Court, 18th June 2020 The Supreme Court delivered this judgment in two appeals, heard together in November 2019, concerning the rights of siblings to be involved in Children’s Hearings. The Supreme Court found that the children’s hearings system, “if operated […]

High Court dismisses legal challenge to lack of secure accommodation

England & Wales: On the application of AR v London Borough Of Waltham Forest, CO/1324/2019, High Court of Justice (2020) The High Court of Justice has dismissed a legal challenge to the lack of secure accommodation for children in the London Borough of Waltham Forest. Just for Kids Law brought the challenge due to concerns over […]

Northern Ireland High Court of Justice finds no discrimination against teenager identified by media before charge

In the matter of an application by JLK (a minor) to apply for judicial review and In the matter of a decision of the Departement of Justice [2020] NIQB 29 https://judiciaryni.uk/sites/judiciary/files/decisions/JKL%27s%20Application_0.pdf High Court of Justice in Northern Ireland, Queen’s Bench Division (Judicial Review), judgment of 26 March 2020 In October of 2015 ‘JKL’, a 15 […]

Upper Tribunal refuses appeal by Aberdeenshire Council in case concerning placement request for child with additional support needs

Aberdeenshire Council and SS, DS [2020 UT 25] https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2020ut025.pdf?sfvrsn=0 Upper Tribunal for Scotland, Decision Notice of Lady Carmichael, 26th March 2020 The Upper Tribunal has produced written reasons for its refusal of permission to appeal a decision of the First-Tier Tribunal (FTT) at a hearing on 16th March 2020. The appellant, Aberdeenshire Council, had refused […]

City of Edinburgh Council granted permanence order with authority to adopt

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 https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2020scedin21.pdf?sfvrsn=0 (Edinburgh Sheriff Court, 18th March 2020) The City of Edinburgh Council has been granted a permanence order with authority to adopt […]

Supreme Court upholds protections for victims of human trafficking

MS (Pakistan) v Secretary of State for the Home Department, [2020] UKSC 9 https://www.supremecourt.uk/cases/uksc-2018-0159.html (Supreme Court, 18th March 2020) In a case supported by the Equality and Human Rights Commission the Supreme Court has overturned the Court of Appeal judgment and in doing so has increased the protections for those who are the victims of human trafficking.   […]

Petitioner asserting de facto parental relationship with nephews successfully challenges refusal of leave to appeal

Enaburekhan (Nigeria) v Secretary of State for the Home Department, [2020] CSOH 18 https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2020csoh18.pdf (Outer House, Court of Session, 12 February 2020) A Nigerian national who lodged an article 8 claim to remain in the UK with her extended family members has successfully challenged by way of judicial review a decision made by the Upper Tribunal (Immigration and Asylum Chamber). The […]

Court of Session judgment concerning discretionary leave to remain and the distinctive position of Scottish students regarding tuition fees

AZ (AP) v Secretary of State for the Home Department, [2020] CSOH 15 https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2020csoh15.pdf (Outer House, Court of Session, 7 February 2020) The Outer House has dismissed a petition in AZ (AP) v SSHD seeking both: (i) reduction of a decision by the Home Office to refuse an application for indefinite leave to remain (ILR), and (ii) […]

“Best Interests of the Child” assessment in cases concerning temporary relocation

X v Y [2020] SC STI 07 https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2020scsti07.pdf (Sheriffdom of Tayside Central and Fife at Stirling, 15 April 2019) A judgment issued by Sheriff SG Collins QC in the case of X v Y [2020] SC STI 07 has clarified the matters to be considered when making decisions in respect to disputes over the temporary relocation […]

Removal of children by mother from Italy to Scotland held to have been with father’s consent

The Supreme Court has refused permission to appeal in the case of YS (AP) (Appellant) v BS (AP) (Respondent) (Scotland) UKSC 2019/0239 ([2019] CSIH 50)  https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2019csih50.pdf  On 1st October 2019 the Inner House of the Court of Session upheld the Lord Ordinary’s refusal of a petition under the Child Abduction and Custody Act 1985 for an […]