K.W. v. S.C. & CITY OF EDINBURGH COUNCIL [2013] ScotSC 49 (01 August 2013)

K.W. v. S.C. & CITY OF EDINBURGH COUNCIL [2013] ScotSC 49 (01 August 2013)

It is not in the best interests of the child S to confer parental responsibilities and rights on the pursuer at this time, as the pursuer's involvement has had a negative effect on the welfare of other children, he lacks the capacity to safeguard and promote S's welfare, and conferring such responsibilities would be counter-productive.

Citation
[2013] ScotSC 49
Parties
Pursuer: KW; Defender: SC; Party Minuter: City of Edinburgh Council
Jurisdiction
Scotland
Judgment Date
01 August 2013
Procedural Posture
Child Welfare Hearing (application for Interim Parental Responsibilities and Rights) / Interim Application, Decision on Interim Parental Responsibilities and Rights
Outcome
Refused
Legal Topics
Parental Responsibilities and Rights, Child Welfare, Children's Hearings, Permanence Orders, Article 8 ECHR
Family Law Child Law Parental Responsibilities and Rights Child Welfare Children's Hearings Permanence Orders Article 8 ECHR

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Parties

KW

Pursuer

SC

Defender

City of Edinburgh Council

Party Minuter

Procedural Posture

Child Welfare Hearing (application for Interim Parental Responsibilities and Rights) / Interim Application, Decision on Interim Parental Responsibilities and Rights

Legal Issues

  1. 1 Whether it is in the best interests of the child S to confer interim parental responsibilities and rights on the pursuer
  2. 2 Whether the pursuer should be treated as a relevant person for children's hearing purposes

Ratio Decidendi

It is not in the best interests of the child S to confer parental responsibilities and rights on the pursuer at this time, as the pursuer's involvement has had a negative effect on the welfare of other children, he lacks the capacity to safeguard and promote S's welfare, and conferring such responsibilities would be counter-productive.

Court Disposition

Refused

Orders

  • Refuses the pursuer's motion for interim parental responsibilities and rights.
  • Sists the cause until further order of court.