APPLICATION BY SCOTTISH BORDERS COUNCIL FOR A PERMANENCE ORDER IN RESPECT OF EAH [2014] ScotSC 92 (05 September 2014)

APPLICATION BY SCOTTISH BORDERS COUNCIL FOR A PERMANENCE ORDER IN RESPECT OF EAH [2014] ScotSC 92 (05 September 2014)

The sheriff has power under Rule 2(a) of the 2009 Adoption Rules to make orders regarding the remuneration (including fees and expenses) of the curator ad litem and reporting officer, and Regulation 10(1A) of the 2001 Regulations does not limit this power to a flat fee; the local authority is obliged to defray reasonable expenses as determined by the court.

Citation
[2014] ScotSC 92
Parties
Appellant/petitioner: Scottish Borders Council; Child (subject of Application): EAH; Curator Ad Litem and Reporting Officer: Mr Burke
Jurisdiction
Scotland
Judgment Date
05 September 2014
Procedural Posture
Appeal (sheriff Court Family Law) / Appeal Against Interlocutor on Remuneration of Curator Ad Litem/reporting Officer
Outcome
Appeal refused; sheriff's interlocutor of 17 March 2014 adhered to; no order as to expenses of the appeal.
Legal Topics
Adoption, Permanence Orders, Remuneration of Court Appointees, Curator Ad Litem, Reporting Officer, Statutory Interpretation
Family Law Child Law Administrative Law Adoption Permanence Orders Remuneration of Court Appointees Curator Ad Litem Reporting Officer +1 more

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Parties

Scottish Borders Council

Appellant/petitioner

EAH

Child (subject of Application)

Mr Burke

Curator Ad Litem and Reporting Officer

Procedural Posture

Appeal (sheriff Court Family Law) / Appeal Against Interlocutor on Remuneration of Curator Ad Litem/reporting Officer

Legal Issues

  1. 1 Does the sheriff have power to make an order regarding the remuneration of the curator ad litem and reporting officer under Rule 2(a) of the Adoption and Children (Scotland) Act 2007 Rules?
  2. 2 Is the local authority's liability for fees and expenses of panel curators/reporting officers limited by Regulation 10(1A) of the 2001 Regulations?
  3. 3 Is there a distinction between 'fees' and 'expenses' in this context?

Ratio Decidendi

The sheriff has power under Rule 2(a) of the 2009 Adoption Rules to make orders regarding the remuneration (including fees and expenses) of the curator ad litem and reporting officer, and Regulation 10(1A) of the 2001 Regulations does not limit this power to a flat fee; the local authority is obliged to defray reasonable expenses as determined by the court.

Court Disposition

Appeal refused; sheriff's interlocutor of 17 March 2014 adhered to; no order as to expenses of the appeal.

Orders

  • Refusal of appeal by Scottish Borders Council
  • Adherence to sheriff's interlocutor of 17 March 2014