Resources Child law case summaries 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. 2021 | 2020 | 2019 | 2018 | 2017 | 2016 2021 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 2020 Note by Sheriff Principal A Y Anwar in the cause JC against MN - Appeal of decision to refuse interim indirect contact refused as incompetent 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 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 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 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 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 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 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 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 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 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 X v Y [2020] SC STI 07 - “Best Interests of the Child” assessment in cases concerning temporary relocation 2019 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 Robert Havrila (AP) for Judicial Review [2019] CSOH 108 - Best interests of children a relevant consideration in discretionary extension of judicial review time bar 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 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 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 MN v ON [2019] SAC (Civ) 35 - Regarding the exercise of case management by a sheriff at Child Welfare Hearings 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 RG v Glasgow City Council and SA [2019] CSIH 45 - Reliance of facts established at a grounds referral proof when considering a permanence order 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 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 MK (Assisted person) V TDD [2019] SCLER 66 - Evidential burden on pursers in relocation cases NH V HMA [2019] HCJ 46 - Use of accepted grounds in children's hearings as evidence in criminal proceedings 2018 ABC v Principal Reporter and others, [2018] CSOH 81 - Ruling on siblings' participation in children's hearings 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 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 R [2018] CSIH 20 - A Scottish local authority Council breached its duty to provide an adequate plan to support an autistic child’s return education 2017 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 * 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 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 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 CF v MF, GF and Locality Reporter [2017] CSIH 44 – 14 year old girl successfully challenges Relevant Person Status of grandparents In the Petition of ES v EML [2017] CSOH 79 – Return of child to Spain following failure to establish defence of consent to removal 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 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 GB or L v JL [2017] CSOH 60 – Relocation order denied due to consideration of the welfare of the child AB v Her Majesty’s Advocate [2017] UKSC 25 – Scottish law on sexual offences incompatible with human rights 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 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 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 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 LO v. N & C [2017] CSIH 14 – Recall of adoption order for failure by Sheriff to consider less drastic alternatives 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 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 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 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 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 SM v. CM [2017] CSIH 1 – Overturning of finding of contempt based on mother’s failure to facilitate contact 2016 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 ZM and AM v Locality Reporter [2016] SAC (Civ) 16 – Meaning of “close connection” and “significant contact” in s67(2) 2011 Act The City of Edinburgh Council v RO and RD [2016] SAC (Civ) 15 – Permanence Case with authority to adopt – duties and tests CC v Maureen Manns, Locality Reporter [2016] SAC (Civ) 13 – “Un-deeming” of Relevant Person – test East Renfrewshire Council Appeal against decision of sheriff at Paisley [2016] SAC (Civ) 14 – Implementation Authority bearing costs of child looked after elsewhere H v H [2016] SAC(Civ) 12 – Delay in family action involving children The Christian Institute and others v The Lord Advocate [2016] UKSC 51 – Named Person scheme information sharing provisions incompatible with human rights LA v. JJH [2016] SAC (Civ) 002 – Warning about use of evidential child welfare hearings