MB AGAINST THE PRINCIPAL REPORTER [2021] ScotCS CSOH_19 (16 February 2021)

MB AGAINST THE PRINCIPAL REPORTER [2021] ScotCS CSOH_19 (16 February 2021)

The court held that while the petitioner was not formally included in intimation of ICSO applications, he was given notice and opportunity to make submissions in most instances. The sheriff properly exercised discretion regarding intimation and disclosure, and the procedural scheme, though imperfect, did not breach Article 8 ECHR. The errors and communication 'muddle' did not amount to a violation requiring damages or interdict. The bespoke inquiry mandated by ABC v Principal Reporter was conducted and the decisions fell within reasonable bounds.

Citation
[2021] ScotCS CSOH_19
Parties
Petitioner: MB; First Respondent: The Principal Reporter
Jurisdiction
Scotland
Judgment Date
16 February 2021
Procedural Posture
Judicial Review Petition / Final Judgment
Outcome
Petition refused
Legal Topics
Children's Hearings, Compulsory Supervision Orders, Sibling Contact, Article 8 ECHR, Procedural Fairness
Family Law Human Rights Law Child Protection Children's Hearings Compulsory Supervision Orders Sibling Contact Article 8 ECHR Procedural Fairness

Case Brief

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Parties

MB

Petitioner

The Principal Reporter

First Respondent

Procedural Posture

Judicial Review Petition / Final Judgment

Legal Issues

  1. 1 Whether the procedure for interim compulsory supervision orders (ICSOs) prohibiting sibling contact was compatible with Article 8 ECHR procedural safeguards
  2. 2 Whether the petitioner was afforded adequate participation and access to relevant documents in ICSO proceedings

Ratio Decidendi

The court held that while the petitioner was not formally included in intimation of ICSO applications, he was given notice and opportunity to make submissions in most instances. The sheriff properly exercised discretion regarding intimation and disclosure, and the procedural scheme, though imperfect, did not breach Article 8 ECHR. The errors and communication 'muddle' did not amount to a violation requiring damages or interdict. The bespoke inquiry mandated by ABC v Principal Reporter was conducted and the decisions fell within reasonable bounds.

Court Disposition

Petition refused

Orders

  • No declarator granted
  • No damages awarded