MRS. JOYCE McLEAN v. MIS KATRINA DORNAN AND DUMFRIES AND GALLOWAY COUNCIL [2001] ScotSC 9 (6th April, 2001)

MRS. JOYCE McLEAN v. MIS KATRINA DORNAN AND DUMFRIES AND GALLOWAY COUNCIL [2001] ScotSC 9 (6th April, 2001)

A local authority, while not entitled to seek a section 11 order, may competently participate as a party minuter to make representations relevant to the welfare of the child, especially where the child is subject to a supervision requirement and the authority holds material information. Nothing in the Act or rules renders such participation incompetent.

Citation
[2001] ScotSC 9
Parties
Pursuer and Respondent: Mrs Joyce McLean; Defender and Appellant: Miss Katrina Dornan; Defender and Appellant: Dumfries & Galloway Council
Jurisdiction
Scotland
Procedural Posture
Appeal / Judgment on Appeal Against Interlocutor Repelling Defences of Party Minuter
Outcome
Appeal allowed
Legal Topics
Parental Responsibilities and Rights, Local Authority Participation, Supervision Requirement, Residence Order
Family Law Child Welfare Parental Responsibilities and Rights Local Authority Participation Supervision Requirement Residence Order

Case Brief

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Parties

Mrs Joyce McLean

Pursuer and Respondent

Miss Katrina Dornan

Defender and Appellant

Dumfries & Galloway Council

Defender and Appellant

Procedural Posture

Appeal / Judgment on Appeal Against Interlocutor Repelling Defences of Party Minuter

Legal Issues

  1. 1 Whether a local authority can participate as a party minuter in private law proceedings under Part I of the Children (Scotland) Act 1995
  2. 2 Whether the sheriff was correct to repel the defences lodged by the local authority

Ratio Decidendi

A local authority, while not entitled to seek a section 11 order, may competently participate as a party minuter to make representations relevant to the welfare of the child, especially where the child is subject to a supervision requirement and the authority holds material information. Nothing in the Act or rules renders such participation incompetent.

Court Disposition

Appeal allowed

Orders

  • Interlocutor of 16 January 2001 recalled
  • First plea-in-law for pursuer and respondent repelled