The Principal Reporter v JPK & Anor [2010] ScotCS CSIH_5 (21 January 2010)

The Principal Reporter v JPK & Anor [2010] ScotCS CSIH_5 (21 January 2010)

The Sheriff's interlocutor was incompetent because it failed to specify which parental responsibilities or rights were being imposed and did not apply the statutory overarching principles to determine whether the father should be granted such responsibilities or rights. The court cannot grant relevant person status solely for the purpose of participation in a Children's Hearing. The statutory definition of 'relevant person' is not incompatible with the ECHR as applied in this case.

Citation
[2010] ScotCS CSIH_5
Parties
Petitioner and Respondent: The Principal Reporter; First Respondent and Reclaimer (father): JPK; Second Respondent (mother): JR; First Minuter: The Lord Advocate; Second Minuter: LRK's Curator ad Litem
Jurisdiction
Scotland
Judgment Date
21 January 2010
Procedural Posture
Petition for Suspension of Interlocutor / Appellate Review (inner House, Court of Session)
Outcome
Reclaiming motion refused; interlocutor of the Lord Ordinary suspending the Sheriff's order made permanent.
Legal Topics
Parental Responsibilities and Rights, Children's Hearings, Relevant Person Status, European Convention on Human Rights, Procedural Competence of Court Orders
Family Law Child Law Human Rights Parental Responsibilities and Rights Children's Hearings Relevant Person Status European Convention on Human Rights Procedural Competence of Court Orders

Case Brief

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Parties

The Principal Reporter

Petitioner and Respondent

JPK

First Respondent and Reclaimer (father)

JR

Second Respondent (mother)

The Lord Advocate

First Minuter

LRK's Curator ad Litem

Second Minuter

Procedural Posture

Petition for Suspension of Interlocutor / Appellate Review (inner House, Court of Session)

Legal Issues

  1. 1 Whether the Sheriff’s interlocutor granting parental rights and responsibilities to the father solely to make him a 'relevant person' in Children's Hearing proceedings was competent under the Children (Scotland) Act 1995.
  2. 2 Whether the statutory definition of 'relevant person' under s.93(2)(b) of the 1995 Act is incompatible with Articles 6, 8, and 14 of the European Convention on Human Rights.

Ratio Decidendi

The Sheriff's interlocutor was incompetent because it failed to specify which parental responsibilities or rights were being imposed and did not apply the statutory overarching principles to determine whether the father should be granted such responsibilities or rights. The court cannot grant relevant person status solely for the purpose of participation in a Children's Hearing. The statutory definition of 'relevant person' is not incompatible with the ECHR as applied in this case.

Court Disposition

Reclaiming motion refused; interlocutor of the Lord Ordinary suspending the Sheriff's order made permanent.

Orders

  • Permanent suspension of the Sheriff's interlocutor of 27 October 2006.
  • No declaration of incompatibility made regarding s.93(2)(b) of the Children (Scotland) Act 1995.