LO AND EO AGAINST THE CHILDREN'S REPORTER AND ANOTHER [2019] ScotCS CSIH_55 (19 November 2019)

LO AND EO AGAINST THE CHILDREN'S REPORTER AND ANOTHER [2019] ScotCS CSIH_55 (19 November 2019)

The sheriff did not err in law in refusing the parents’ appeals against the continuation and variation of compulsory supervision orders for NO and EO, as a criminal acquittal does not automatically extinguish established grounds for referral, and the children’s hearing was entitled to maintain protective measures in light of the children’s welfare. The appeal regarding MO was incompetent as a deferral of a review is not an appealable decision under the Act.

Citation
[2019] ScotCS CSIH_55
Parties
Appellants: LO and EO; First Respondent: The Children's Reporter; Second Respondent: Another (MO)
Jurisdiction
Scotland
Judgment Date
19 November 2019
Procedural Posture
Appeal (stated Case) From Sheriff's Decision Under Children’s Hearings (scotland) Act 2011 / Inner House, Court of Session (extra Division)
Outcome
Appeals refused; stated cases remitted to sheriff with directions that no error of law occurred.
Legal Topics
Compulsory Supervision Orders, Children's Hearings, Appeals From Children's Hearings, Effect of Criminal Acquittal on Referral Grounds, Jurisdiction of Children's Hearings
Family Law Child Protection Law Administrative Law Compulsory Supervision Orders Children's Hearings Appeals From Children's Hearings Effect of Criminal Acquittal on Referral Grounds Jurisdiction of Children's Hearings

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Parties

LO and EO

Appellants

The Children's Reporter

First Respondent

Another (MO)

Second Respondent

Procedural Posture

Appeal (stated Case) From Sheriff's Decision Under Children’s Hearings (scotland) Act 2011 / Inner House, Court of Session (extra Division)

Legal Issues

  1. 1 Whether a sheriff erred in law in refusing appeals against continuation and variation of compulsory supervision orders for children after parents' acquittal in criminal proceedings
  2. 2 Whether a decision to defer a review of a compulsory supervision order is appealable under the Children’s Hearings (Scotland) Act 2011

Ratio Decidendi

The sheriff did not err in law in refusing the parents’ appeals against the continuation and variation of compulsory supervision orders for NO and EO, as a criminal acquittal does not automatically extinguish established grounds for referral, and the children’s hearing was entitled to maintain protective measures in light of the children’s welfare. The appeal regarding MO was incompetent as a deferral of a review is not an appealable decision under the Act.

Court Disposition

Appeals refused; stated cases remitted to sheriff with directions that no error of law occurred.

Orders

  • Stated cases remitted to the sheriff with directions to note that the refusal of the appeals did not involve an error of law.
  • Questions posed in the stated cases answered in the negative.