East Lothian Council v MA For A Freeing For Adoption Application [2001] ScotCS 225 (5 October 2001)

East Lothian Council v MA For A Freeing For Adoption Application [2001] ScotCS 225 (5 October 2001)

The court held that the sheriff was entitled to find that the mother was unreasonably withholding consent to adoption under section 16(2)(b) of the Adoption (Scotland) Act 1978, as her reasons for withholding consent did not fall within the range of reasonable parental decisions in the circumstances, given the minimal benefit and potential risk of contact, and the need for security and permanence for the child. The sheriff did not err in law or in appreciation of the facts. The court found insufficient basis for the finding of persistent failure under section 16(2)(c)(i), but as the section 16(2)(b) ground was established, the appeal was dismissed.

Citation
[2001] ScotCS 225
Parties
Petitioners and Respondents: East Lothian Council; Respondent and Appellant: M.A.
Jurisdiction
Scotland
Judgment Date
05 October 2001
Procedural Posture
Appeal / Appeal From Sheriffdom of Lothian and Borders at Haddington
Outcome
Appeal dismissed
Legal Topics
Adoption, Dispensing With Parental Consent, Parental Responsibility, Child Welfare, European Convention on Human Rights Article 8
Family Law Child Law Adoption Dispensing With Parental Consent Parental Responsibility Child Welfare European Convention on Human Rights Article 8

Case Brief

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Parties

East Lothian Council

Petitioners and Respondents

M.A.

Respondent and Appellant

Procedural Posture

Appeal / Appeal From Sheriffdom of Lothian and Borders at Haddington

Legal Issues

  1. 1 Whether the mother's withholding of consent to adoption was unreasonable under section 16(2)(b) of the Adoption (Scotland) Act 1978
  2. 2 Whether the mother persistently failed without reasonable cause to fulfil parental responsibility to safeguard and promote the child's health, development and welfare under section 16(2)(c)(i) of the Adoption (Scotland) Act 1978

Ratio Decidendi

The court held that the sheriff was entitled to find that the mother was unreasonably withholding consent to adoption under section 16(2)(b) of the Adoption (Scotland) Act 1978, as her reasons for withholding consent did not fall within the range of reasonable parental decisions in the circumstances, given the minimal benefit and potential risk of contact, and the need for security and permanence for the child. The sheriff did not err in law or in appreciation of the facts. The court found insufficient basis for the finding of persistent failure under section 16(2)(c)(i), but as the section 16(2)(b) ground was established, the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Order of the sheriff dispensing with the mother's consent to adoption affirmed
  • No reconsideration required on section 16(2)(c)(i) ground