ANS and another v ML (Scotland)
Section 31(3)(d) of the Adoption and Children (Scotland) Act 2007, when interpreted in its statutory context and in accordance with established principles, imposes a test of necessity and proportionality consistent with Article 8 ECHR. The provision is not incompatible with Convention rights and is within the legislative competence of the Scottish Parliament.
- Parties
- Respondent: ANS; Respondent: DCS; Appellant: ML (AP)
- Jurisdiction
- England and Wales
- Judgment Date
- 11 July 2012
- Procedural Posture
- Appeal / Judgment on Appeal From Inner House of the Court of Session
- Outcome
- Appeal dismissed
- Legal Topics
- Adoption, Parental Consent, Legislative Competence, European Convention on Human Rights, Statutory Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
ANS
Respondent
DCS
Respondent
ML (AP)
Appellant
Procedural Posture
Appeal / Judgment on Appeal From Inner House of the Court of Session
Legal Issues
- 1 Whether section 31(3)(d) of the Adoption and Children (Scotland) Act 2007 is within the legislative competence of the Scottish Parliament
- 2 Whether section 31(3)(d) is compatible with Article 8 of the European Convention on Human Rights
Ratio Decidendi
Section 31(3)(d) of the Adoption and Children (Scotland) Act 2007, when interpreted in its statutory context and in accordance with established principles, imposes a test of necessity and proportionality consistent with Article 8 ECHR. The provision is not incompatible with Convention rights and is within the legislative competence of the Scottish Parliament.
Court Disposition
Appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
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