EAST LOTHIAN COUNCIL FOR A PERMANENCE ORDER UNDER SECTION 80 OF THE ADOPTION AND CHILDREN (SCOTLAND) ACT 2007 IN RESPECT OF THE CHILD L.S.K. [2010] ScotSC 130 (30 July 2010)

EAST LOTHIAN COUNCIL FOR A PERMANENCE ORDER UNDER SECTION 80 OF THE ADOPTION AND CHILDREN (SCOTLAND) ACT 2007 IN RESPECT OF THE CHILD L.S.K. [2010] ScotSC 130 (30 July 2010)

Both S and D have failed to satisfactorily carry out their parental rights and responsibilities and are likely to continue to be unable to do so, primarily due to D's behaviour and risk of re-offending. The welfare of L requires a permanence order with authority to adopt, and the consent of the birth parents should be dispensed with. Placement with the grandparents is not in L's best interests due to the risk of conflict and harm. The paramount consideration is L's welfare throughout his life, which is best served by adoption.

Citation
[2010] ScotSC 130
Parties
Petitioner: East Lothian Council; Respondent (natural Mother): S; Respondent (natural Father): D
Jurisdiction
Scotland
Judgment Date
30 July 2010
Procedural Posture
Permanence Order Petition (adoption) / Judgment After Proof (trial)
Outcome
Permanence order granted with authority to adopt; parental rights and responsibilities of S and D extinguished except for annual written contact; supervision requirement revoked; no award of expenses.
Legal Topics
Permanence Order, Adoption, Dispensation of Parental Consent, Child Welfare, Parental Rights and Responsibilities
Family Law Child Law Permanence Order Adoption Dispensation of Parental Consent Child Welfare Parental Rights and Responsibilities

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Parties

East Lothian Council

Petitioner

S

Respondent (natural Mother)

D

Respondent (natural Father)

Procedural Posture

Permanence Order Petition (adoption) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether a permanence order should be granted in respect of L under Section 80 of the Adoption and Children (Scotland) Act 2007
  2. 2 Whether the consent of the birth parents (S and D) to adoption should be dispensed with
  3. 3 Whether the welfare of the child requires adoption and extinguishing of parental rights and responsibilities

Ratio Decidendi

Both S and D have failed to satisfactorily carry out their parental rights and responsibilities and are likely to continue to be unable to do so, primarily due to D's behaviour and risk of re-offending. The welfare of L requires a permanence order with authority to adopt, and the consent of the birth parents should be dispensed with. Placement with the grandparents is not in L's best interests due to the risk of conflict and harm. The paramount consideration is L's welfare throughout his life, which is best served by adoption.

Court Disposition

Permanence order granted with authority to adopt; parental rights and responsibilities of S and D extinguished except for annual written contact; supervision requirement revoked; no award of expenses.

Orders

  • Makes a Permanence Order in favour of the petitioner under Section 80 of the Adoption and Children (Scotland) Act 2007 in relation to L.
  • Vests the petitioner with parental responsibilities and rights as specified in Sections 81 and 82 of the Act.