THE CITY OF EDINBURGH COUNCIL v. D. AND F. [2000] ScotSC 27 (22nd September, 2000)

THE CITY OF EDINBURGH COUNCIL v. D. AND F. [2000] ScotSC 27 (22nd September, 2000)

The respondents have unreasonably withheld their agreement to the making of an adoption order for M. M did not thrive in their care, there was ongoing domestic violence, lack of cooperation with social work, failed rehabilitation, and a weak parent-child relationship. Adoption is necessary to secure M's welfare throughout her life, and no reasonable parent would withhold consent in these circumstances.

Citation
[2000] ScotSC 27
Parties
Petitioner: The City of Edinburgh Council; First Respondent: D; Second Respondent: F
Jurisdiction
Scotland
Procedural Posture
Petition for Freeing a Child for Adoption / Judgment After Proof
Outcome
Petition granted; respondents' agreement to adoption dispensed with; M declared free for adoption.
Legal Topics
Adoption, Parental Consent, Child Welfare, Domestic Violence, Human Rights
Family Law Child Law Adoption Parental Consent Child Welfare Domestic Violence Human Rights

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Parties

The City of Edinburgh Council

Petitioner

D

First Respondent

F

Second Respondent

Procedural Posture

Petition for Freeing a Child for Adoption / Judgment After Proof

Legal Issues

  1. 1 Whether the respondents have unreasonably withheld their agreement to the making of an adoption order for their child M
  2. 2 Whether the agreement of the respondents to the making of an adoption order should be dispensed with
  3. 3 Whether freeing M for adoption is in her best interests

Ratio Decidendi

The respondents have unreasonably withheld their agreement to the making of an adoption order for M. M did not thrive in their care, there was ongoing domestic violence, lack of cooperation with social work, failed rehabilitation, and a weak parent-child relationship. Adoption is necessary to secure M's welfare throughout her life, and no reasonable parent would withhold consent in these circumstances.

Court Disposition

Petition granted; respondents' agreement to adoption dispensed with; M declared free for adoption.

Orders

  • Dispenses with the agreement of the respondents to the making of an adoption order in respect of M.
  • Declares M free for adoption under section 18(1) of the Adoption (Scotland) Act 1978.