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 order was made, with conditions of contact. The mother, LO, appealed to the Sheriff Principal, who allowed it in relation to contact but upheld the adoption. LO then appealed to the Court of Session, where contact was not in dispute and the only issue was whether there had been a legal error in granting the adoption, making it unlawful.

Held: The court was unpersuaded that the Sheriff had made any reasoned assessment of whether there were alternatives, short of adoption, which would secure the welfare of E. The court allowed the appeal, recalled the adoption order and also recalled the termination of the child’s CSO.