Petition West Lothian Council v. M. Mcg, W.p., J.f.f.& Anor [2002] ScotCS 133 (10th May, 2002)

Petition West Lothian Council v. M. Mcg, W.p., J.f.f.& Anor [2002] ScotCS 133 (10th May, 2002)

The sheriff erred in law in holding that the fathers failed to fulfil parental responsibilities prior to acquiring them by statutory agreement, but was entitled to find that the fathers unreasonably withheld consent to adoption, judged by the objective standard of the reasonable parent with the child's welfare as paramount. The appeals were refused as the sheriff's overall decision was justified on the facts and law, and there was no basis for interference.

Citation
[2002] ScotCS 130
Parties
Petitioner and Respondent: West Lothian Council; First Respondent and Appellant (mother): M. McG or P; Second Respondent and Appellant (father of D W P): W. B. P; Third Respondent and Appellant (father of J M F): J. F. F; Minuters: The Scottish Ministers
Jurisdiction
Scotland
Procedural Posture
Appeal From Sheriffdom (adoption/freeing Orders) / Appeal Judgment From Inner House, Court of Session
Outcome
Appeals refused; sheriff's orders affirmed with minor amendment to findings.
Legal Topics
Adoption, Freeing Orders, Parental Consent, Parental Responsibilities and Rights, European Convention on Human Rights (article 8), Contact With Birth Parents
Family Law Child Law Human Rights Adoption Freeing Orders Parental Consent Parental Responsibilities and Rights European Convention on Human Rights (article 8) +1 more

Case Brief

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Parties

West Lothian Council

Petitioner and Respondent

M. McG or P

First Respondent and Appellant (mother)

W. B. P

Second Respondent and Appellant (father of D W P)

J. F. F

Third Respondent and Appellant (father of J M F)

The Scottish Ministers

Minuters

Procedural Posture

Appeal From Sheriffdom (adoption/freeing Orders) / Appeal Judgment From Inner House, Court of Session

Legal Issues

  1. 1 Whether the sheriff erred in holding that the fathers failed to fulfil parental responsibilities under the Adoption (Scotland) Act 1978
  2. 2 Whether the sheriff erred in holding that the fathers unreasonably withheld consent to adoption
  3. 3 Whether the sheriff erred in exercising discretion to dispense with parental consent

Ratio Decidendi

The sheriff erred in law in holding that the fathers failed to fulfil parental responsibilities prior to acquiring them by statutory agreement, but was entitled to find that the fathers unreasonably withheld consent to adoption, judged by the objective standard of the reasonable parent with the child's welfare as paramount. The appeals were refused as the sheriff's overall decision was justified on the facts and law, and there was no basis for interference.

Court Disposition

Appeals refused; sheriff's orders affirmed with minor amendment to findings.

Orders

  • Amend sheriff's findings in fact and law numbers (4) and (13) by inserting 'not' after 'has' to correct error on parental responsibilities.
  • Refuse both appeals.