S for Authority to Adopt the Child FY [2014] ScotCS CSIH_42 (09 May 2014)

S for Authority to Adopt the Child FY [2014] ScotCS CSIH_42 (09 May 2014)

The sheriff was entitled to find, on the evidence, that the appellant was unable satisfactorily to discharge parental responsibilities and rights and that this incapacity was likely to continue. Article 8 proportionality did not require consideration at the incapacity threshold. The sheriff's findings were substantial and related to the child's emotional needs and attachments. Adoption was necessary to secure the child's welfare, and a permanence order would not provide the required security. The sheriff's interlocutor required correction to remove reference to the welfare ground, but the appeal otherwise failed.

Citation
[2014] ScotCS CSIH_42
Parties
Petitioner: S; Appellant (natural Mother): B Y
Jurisdiction
Scotland
Judgment Date
09 May 2014
Procedural Posture
Adoption Petition Appeal / Appeal From Sheriff's Order Dispensing With Parental Consent and Granting Adoption
Outcome
Appeal refused (except for correction of interlocutor)
Legal Topics
Adoption, Dispensing With Parental Consent, Parental Responsibilities and Rights, Welfare of the Child, Permanence Orders, Article 8 ECHR
Family Law Child Law Adoption Dispensing With Parental Consent Parental Responsibilities and Rights Welfare of the Child Permanence Orders Article 8 ECHR

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Parties

S

Petitioner

B Y

Appellant (natural Mother)

Procedural Posture

Adoption Petition Appeal / Appeal From Sheriff's Order Dispensing With Parental Consent and Granting Adoption

Legal Issues

  1. 1 Whether the sheriff erred in dispensing with the appellant's consent to adoption under section 31(3)(c), 31(4), and 31(3)(d) of the Adoption and Children (Scotland) Act 2007
  2. 2 Whether article 8 ECHR proportionality was properly considered at the incapacity threshold
  3. 3 Whether a permanence order should have been considered as an alternative to adoption

Ratio Decidendi

The sheriff was entitled to find, on the evidence, that the appellant was unable satisfactorily to discharge parental responsibilities and rights and that this incapacity was likely to continue. Article 8 proportionality did not require consideration at the incapacity threshold. The sheriff's findings were substantial and related to the child's emotional needs and attachments. Adoption was necessary to secure the child's welfare, and a permanence order would not provide the required security. The sheriff's interlocutor required correction to remove reference to the welfare ground, but the appeal otherwise failed.

Court Disposition

Appeal refused (except for correction of interlocutor)

Orders

  • Interlocutor corrected to remove reference to section 31(3)(d) and 31(4) as grounds for dispensing with consent
  • Sheriff's order dispensing with consent and granting adoption otherwise affirmed