TR v Grampian Regional Council [1999] ScotCS 192 (13 August 1999)

TR v Grampian Regional Council [1999] ScotCS 192 (13 August 1999)

The sheriff was entitled to dispense with the parents' consent to adoption on the grounds that they persistently failed without reasonable cause to discharge parental duties and unreasonably withheld agreement, and was satisfied on evidence that the child was likely to be placed for adoption. The sheriff had proper regard to the welfare of the child as paramount and made no error of law or demonstration of prejudice. The appeal is refused.

Citation
[1999] ScotCS 192
Parties
Second Respondent and Appellant: TR; Petitioners and Respondents: Grampian Regional Council
Jurisdiction
Scotland
Judgment Date
13 August 1999
Procedural Posture
Appeal (application Under Adoption (scotland) Act 1978, S.18) / Appeal From Sheriffdom of Grampian, Highlands and Islands at Aberdeen to Court of Session (inner House, Extra Division)
Outcome
Appeal refused
Legal Topics
Adoption, Dispensing With Parental Consent, Parental Responsibilities, Welfare of the Child, Appeal Procedure
Family Law Child Law Adoption Dispensing With Parental Consent Parental Responsibilities Welfare of the Child Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

TR

Second Respondent and Appellant

Grampian Regional Council

Petitioners and Respondents

Procedural Posture

Appeal (application Under Adoption (scotland) Act 1978, S.18) / Appeal From Sheriffdom of Grampian, Highlands and Islands at Aberdeen to Court of Session (inner House, Extra Division)

Legal Issues

  1. 1 Whether the sheriff erred in dispensing with parental consent for adoption without a finding that the child was likely to be placed for adoption (s.18(3))
  2. 2 Whether the sheriff erred in law by not making findings in terms of s.6 of the 1978 Act regarding the welfare of the child and personal circumstances
  3. 3 Whether the sheriff demonstrated prejudice against the appellant

Ratio Decidendi

The sheriff was entitled to dispense with the parents' consent to adoption on the grounds that they persistently failed without reasonable cause to discharge parental duties and unreasonably withheld agreement, and was satisfied on evidence that the child was likely to be placed for adoption. The sheriff had proper regard to the welfare of the child as paramount and made no error of law or demonstration of prejudice. The appeal is refused.

Court Disposition

Appeal refused

Orders

  • Sheriff's order declaring the child free for adoption affirmed