Cunningham v M [2004] ScotSC 76 (25 November 2004)

Cunningham v M [2004] ScotSC 76 (25 November 2004)

The Sheriff was entitled to find that K is, or is likely to become, a member of the same household as D because the ties of affection and regular contact between M, her parents, and the children continue, and the definition of household is based on relationship rather than physical cohabitation or locality.

Citation
[2004] ScotSC 76
Parties
Applicant and Respondent: Ailsa Cunningham, Authority Reporter to the Children's Panel; Respondent and Appellant: M
Jurisdiction
Scotland
Judgment Date
25 November 2004
Procedural Posture
Appeal Under Section 51(11) of the Children (scotland) Act 1995 / Judgment on Appeal From Sheriff’s Decision on Establishment of Grounds for Referral
Outcome
Appeal refused; interlocutor of 26 March 2004 adhered to; case remitted for further disposal.
Legal Topics
Children's Hearings, Compulsory Supervision Orders, Definition of Household, Appeals Procedure, Child Protection
Child Law Family Law Children's Hearings Compulsory Supervision Orders Definition of Household Appeals Procedure Child Protection

Case Brief

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Parties

Ailsa Cunningham, Authority Reporter to the Children's Panel

Applicant and Respondent

M

Respondent and Appellant

Procedural Posture

Appeal Under Section 51(11) of the Children (scotland) Act 1995 / Judgment on Appeal From Sheriff’s Decision on Establishment of Grounds for Referral

Legal Issues

  1. 1 Whether K is, or is likely to become, a member of the same household as D for the purposes of section 52(2)(e) of the Children (Scotland) Act 1995
  2. 2 Whether the Sheriff was entitled to find the grounds for referral established based on the facts

Ratio Decidendi

The Sheriff was entitled to find that K is, or is likely to become, a member of the same household as D because the ties of affection and regular contact between M, her parents, and the children continue, and the definition of household is based on relationship rather than physical cohabitation or locality.

Court Disposition

Appeal refused; interlocutor of 26 March 2004 adhered to; case remitted for further disposal.

Orders

  • Refuses the appeal
  • Adheres to the interlocutor of 26 March 2004