Aberdeenshire Council v SF (by her litigation friend The Official Solicitor) & Ors

Aberdeenshire Council v SF (by her litigation friend The Official Solicitor) & Ors

The court is bound by the Scottish court's finding in June 2021 that SF was habitually resident in Scotland, and subsequent changes in her circumstances do not establish greater stability or integration in England. SF remains habitually resident in Scotland for the purposes of recognition and enforcement of the Scottish Guardianship Order.

Parties
Applicant: Aberdeenshire Council; First Respondent: SF (by her litigation friend the Official Solicitor); Second Respondent: EF; Third Respondent: Sunderland City Council
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Recognition and Enforcement of Foreign Protective Measure (scottish Guardianship Order) / Preliminary Issue Determination on Habitual Residence
Outcome
SF remains habitually resident in Scotland; directions to be given for further issues.
Legal Topics
Recognition and Enforcement of Foreign Protective Measures, Habitual Residence, Jurisdiction Under Mental Capacity Act 2005, Hague Convention on the International Protection of Adults 2000
Mental Capacity Law Private International Law Recognition and Enforcement of Foreign Protective Measures Habitual Residence Jurisdiction Under Mental Capacity Act 2005 Hague Convention on the International Protection of Adults 2000

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Parties

Aberdeenshire Council

Applicant

SF (by her litigation friend the Official Solicitor)

First Respondent

EF

Second Respondent

Sunderland City Council

Third Respondent

Procedural Posture

Recognition and Enforcement of Foreign Protective Measure (scottish Guardianship Order) / Preliminary Issue Determination on Habitual Residence

Legal Issues

  1. 1 Whether SF is habitually resident in Scotland or England for the purposes of recognition and enforcement of the Scottish Guardianship Order under the Mental Capacity Act 2005 Schedule 3

Ratio Decidendi

The court is bound by the Scottish court's finding in June 2021 that SF was habitually resident in Scotland, and subsequent changes in her circumstances do not establish greater stability or integration in England. SF remains habitually resident in Scotland for the purposes of recognition and enforcement of the Scottish Guardianship Order.

Court Disposition

SF remains habitually resident in Scotland; directions to be given for further issues.

Orders

  • The court determines SF is habitually resident in Scotland for the purposes of the application. Further directions to be given.