CM (A Child), Re [2010] ScotSC 14 (09 April 2010)

CM (A Child), Re [2010] ScotSC 14 (09 April 2010)

The court held that section 14 of the Adoption and Children (Scotland) Act 2007 applies to decisions relating to the adoption of a child, including dispensing with parental consent under section 83(2)(d), and that this interpretation is compatible with the European Convention on Human Rights. Section 84(4) does not exclude the application of section 14. Therefore, no Devolution issue arises. The court also refused to refer the child's case to the Principal Reporter, finding the court is the principal forum for decisions about the child's welfare during the permanence order proceedings.

Citation
[2010] ScotSC 14
Parties
Petitioner: City of Edinburgh Council; Subject: CM (a child); Respondent (mother): CAM; Respondent (father): JG; Intervener: Lord Advocate
Jurisdiction
Scotland
Judgment Date
09 April 2010
Procedural Posture
Application for Permanence Order With Authority to Adopt / Interlocutory Rulings Prior to Proof
Outcome
Referral to Principal Reporter refused; Devolution Minute refused; case continued to pre-proof hearing.
Legal Topics
Adoption, Permanence Orders, Parental Consent, European Convention on Human Rights, Statutory Interpretation, Devolution Issues
Family Law Child Law Human Rights Adoption Permanence Orders Parental Consent European Convention on Human Rights Statutory Interpretation +1 more

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Parties

City of Edinburgh Council

Petitioner

CM (a child)

Subject

CAM

Respondent (mother)

JG

Respondent (father)

Lord Advocate

Intervener

Procedural Posture

Application for Permanence Order With Authority to Adopt / Interlocutory Rulings Prior to Proof

Legal Issues

  1. 1 Whether the court should refer the child's case to the Principal Reporter under section 96(3) of the Adoption and Children (Scotland) Act 2007
  2. 2 Whether section 83(2)(d) of the 2007 Act can be interpreted compatibly with the European Convention on Human Rights, specifically regarding dispensing with parental consent to adoption

Ratio Decidendi

The court held that section 14 of the Adoption and Children (Scotland) Act 2007 applies to decisions relating to the adoption of a child, including dispensing with parental consent under section 83(2)(d), and that this interpretation is compatible with the European Convention on Human Rights. Section 84(4) does not exclude the application of section 14. Therefore, no Devolution issue arises. The court also refused to refer the child's case to the Principal Reporter, finding the court is the principal forum for decisions about the child's welfare during the permanence order proceedings.

Court Disposition

Referral to Principal Reporter refused; Devolution Minute refused; case continued to pre-proof hearing.

Orders

  • Refused to refer the child's case to the Principal Reporter under section 96(3) of the 2007 Act.
  • Found no Devolution issue exists and refused the Minute for the second respondent.