Inverclyde Council v MT & Anor [2011] ScotCS CSOH_27 (08 February 2011)

Inverclyde Council v MT & Anor [2011] ScotCS CSOH_27 (08 February 2011)

The court found, on overwhelming and credible evidence, that both respondents are incapable of providing adequate care due to entrenched drug addiction and mental health problems, and that returning the children to their care would be seriously detrimental to their welfare. The statutory grounds for a permanence order, including authority to adopt, were met and the orders sought were in the best interests of the children.

Citation
[2011] ScotCS CSOH_27
Parties
Petitioner: Inverclyde Council; First Respondent: MT; Second Respondent: MS
Jurisdiction
Scotland
Judgment Date
08 February 2011
Procedural Posture
Application for Permanence Order Under Section 80 of the Adoption and Children (scotland) Act 2007 / Opinion Following Proof
Outcome
Permanence order granted with authority to adopt
Legal Topics
Permanence Orders, Adoption, Parental Rights and Responsibilities, Child Welfare, Supervision Requirements
Family Law Child Protection Permanence Orders Adoption Parental Rights and Responsibilities Child Welfare Supervision Requirements

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Parties

Inverclyde Council

Petitioner

MT

First Respondent

MS

Second Respondent

Procedural Posture

Application for Permanence Order Under Section 80 of the Adoption and Children (scotland) Act 2007 / Opinion Following Proof

Legal Issues

  1. 1 Whether it is seriously detrimental to the welfare of the children to remain or return to the care of the respondents
  2. 2 Whether the statutory grounds for a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 are met
  3. 3 Whether authority to adopt should be granted

Ratio Decidendi

The court found, on overwhelming and credible evidence, that both respondents are incapable of providing adequate care due to entrenched drug addiction and mental health problems, and that returning the children to their care would be seriously detrimental to their welfare. The statutory grounds for a permanence order, including authority to adopt, were met and the orders sought were in the best interests of the children.

Court Disposition

Permanence order granted with authority to adopt

Orders

  • Permanence order made in respect of SMS under section 80 of the Adoption and Children (Scotland) Act 2007
  • Authority to adopt granted to prospective adopters