City Of Edinburgh Council v Z [2004] ScotSC 87 (23 December 2004)

City Of Edinburgh Council v Z [2004] ScotSC 87 (23 December 2004)

The Sheriff did not err in law by granting the guardian power to decide Z's residence for the full three-year period, as the evidence supported the unworkability of alternative arrangements and no lesser period was argued before the Sheriff. The power to insist on attendance at daily activities, while not discussed in detail, was sufficiently intelligible in context. The appeal is refused, with minor variations to the interlocutor regarding terminology and commencement of appointment.

Citation
[2004] ScotSC 87
Parties
Applicant (respondent): The City of Edinburgh Council; Respondent (appellant): Z
Jurisdiction
Scotland
Judgment Date
23 December 2004
Procedural Posture
Appeal (guardianship Order Under Adults With Incapacity (scotland) Act 2000) / Sheriff Principal's Appellate Judgment
Outcome
Appeal refused; interlocutor varied in minor respects; no expenses due to or by either party.
Legal Topics
Guardianship Orders, Personal Welfare, Least Restrictive Option, Statutory Interpretation, Duration of Guardianship Powers
Mental Health Law Adult Incapacity Law Public Law Guardianship Orders Personal Welfare Least Restrictive Option Statutory Interpretation Duration of Guardianship Powers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

The City of Edinburgh Council

Applicant (respondent)

Z

Respondent (appellant)

Procedural Posture

Appeal (guardianship Order Under Adults With Incapacity (scotland) Act 2000) / Sheriff Principal's Appellate Judgment

Legal Issues

  1. 1 Whether the Sheriff erred in granting the guardian power to decide Z's residence for the full three-year period
  2. 2 Whether the power to insist on attendance at daily activities should be deleted as unclear

Ratio Decidendi

The Sheriff did not err in law by granting the guardian power to decide Z's residence for the full three-year period, as the evidence supported the unworkability of alternative arrangements and no lesser period was argued before the Sheriff. The power to insist on attendance at daily activities, while not discussed in detail, was sufficiently intelligible in context. The appeal is refused, with minor variations to the interlocutor regarding terminology and commencement of appointment.

Court Disposition

Appeal refused; interlocutor varied in minor respects; no expenses due to or by either party.

Orders

  • Deleted the word 'additional' from the statement of powers conferred on the guardian.
  • Appointment of the Director of Social Work as guardian to commence upon issue of certificate by the Public Guardian.