T v. A and DUNDEE CITY COUNCIL [2001] ScotSC 12 (1st May, 2001)

T v. A and DUNDEE CITY COUNCIL [2001] ScotSC 12 (1st May, 2001)

The Sheriff's dismissal of the action on relevancy was in error. The court can competently make an order conferring parental responsibilities and rights under s.11(2)(b) of the Children (Scotland) Act 1995, even if the immediate practical effect is limited, provided it is in the best interests of the child. The pleadings disclosed sufficient averments to warrant an inquiry into the merits, and the matter should not have been disposed of without such inquiry.

Citation
[2001] ScotSC 12
Parties
Pursuer and Appellant: T; First Defender (mother): A; Second Defenders and Respondents: Dundee City Council
Jurisdiction
Scotland
Procedural Posture
Appeal (family Law Parental Rights and Responsibilities) / Appeal Against Dismissal of Action at Preliminary Stage; Interlocutors of 7th and 27th October 1999
Outcome
Appeal allowed; Sheriff's interlocutors of 7th and 27th October 1999 recalled; proof before answer allowed; question of expenses reserved.
Legal Topics
Parental Responsibilities and Rights, Unmarried Fathers, Children's Hearings, Relevant Person Status, Best Interests of the Child, European Convention on Human Rights (articles 6 and 8)
Family Law Child Law Human Rights Parental Responsibilities and Rights Unmarried Fathers Children's Hearings Relevant Person Status Best Interests of the Child +1 more

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Parties

T

Pursuer and Appellant

A

First Defender (mother)

Dundee City Council

Second Defenders and Respondents

Procedural Posture

Appeal (family Law Parental Rights and Responsibilities) / Appeal Against Dismissal of Action at Preliminary Stage; Interlocutors of 7th and 27th October 1999

Legal Issues

  1. 1 Whether an unmarried father can seek parental responsibilities and rights solely to obtain 'relevant person' status for children's hearings
  2. 2 Whether the pleadings disclosed a relevant basis for granting such rights under the Children (Scotland) Act 1995
  3. 3 Whether the Sheriff's dismissal of the action on relevancy was correct

Ratio Decidendi

The Sheriff's dismissal of the action on relevancy was in error. The court can competently make an order conferring parental responsibilities and rights under s.11(2)(b) of the Children (Scotland) Act 1995, even if the immediate practical effect is limited, provided it is in the best interests of the child. The pleadings disclosed sufficient averments to warrant an inquiry into the merits, and the matter should not have been disposed of without such inquiry.

Court Disposition

Appeal allowed; Sheriff's interlocutors of 7th and 27th October 1999 recalled; proof before answer allowed; question of expenses reserved.

Orders

  • Allows the appeal and recalls the Sheriff's interlocutors of 7th and 27th October 1999.
  • Allows parties a proof of their respective averments before answer.