THE CITY OF EDINBURGH COUNCIL IN RESPECT OF THE CHILD L [2011] ScotSC 122 (25 July 2011)

THE CITY OF EDINBURGH COUNCIL IN RESPECT OF THE CHILD L [2011] ScotSC 122 (25 July 2011)

Having regard to the need to safeguard and promote the welfare of the child throughout her childhood, the court found that both parents were unable to satisfactorily discharge their parental responsibilities and rights and were likely to continue to be unable to do so. The child's residence with either parent was and was likely to be seriously detrimental to her welfare. It was better for the child that a permanence order with authority to adopt be made, and the consent of both parents should be dispensed with. Limited indirect contact with the First Respondent was in the child's interests.

Citation
[2011] ScotSC 122
Parties
Petitioner: The City of Edinburgh Council; First Respondent (mother): [First Respondent]; Second Respondent (father): [Second Respondent] K; Third Respondents (paternal Aunt and Uncle): C and A
Jurisdiction
Scotland
Judgment Date
25 July 2011
Procedural Posture
Petition for Permanence Order With Authority to Adopt / Judgment After Proof (trial)
Outcome
Permanence order with authority to adopt granted; parental responsibilities and rights of both parents extinguished except for limited indirect contact for the First Respondent; supervision requirement revoked; no expenses due to or by either party.
Legal Topics
Permanence Orders, Authority to Adopt, Parental Rights and Responsibilities, Dispensing With Parental Consent, Child Welfare, Contact Post Adoption
Family Law Child Law Permanence Orders Authority to Adopt Parental Rights and Responsibilities Dispensing With Parental Consent Child Welfare Contact Post Adoption

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Parties

The City of Edinburgh Council

Petitioner

[First Respondent]

First Respondent (mother)

[Second Respondent] K

Second Respondent (father)

C and A

Third Respondents (paternal Aunt and Uncle)

Procedural Posture

Petition for Permanence Order With Authority to Adopt / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether a permanence order with authority to adopt should be granted in respect of the child L
  2. 2 Whether the consent of the parents should be dispensed with under the Adoption and Children (Scotland) Act 2007
  3. 3 What contact, if any, should be allowed between the child and the birth parents post-adoption

Ratio Decidendi

Having regard to the need to safeguard and promote the welfare of the child throughout her childhood, the court found that both parents were unable to satisfactorily discharge their parental responsibilities and rights and were likely to continue to be unable to do so. The child's residence with either parent was and was likely to be seriously detrimental to her welfare. It was better for the child that a permanence order with authority to adopt be made, and the consent of both parents should be dispensed with. Limited indirect contact with the First Respondent was in the child's interests.

Court Disposition

Permanence order with authority to adopt granted; parental responsibilities and rights of both parents extinguished except for limited indirect contact for the First Respondent; supervision requirement revoked; no expenses due to or by either party.

Orders

  • Grants a permanence order with authority to adopt in favour of the petitioners under s.80 of the Adoption and Children (Scotland) Act 2007.
  • Vests in the petitioners the parental responsibilities and rights under ss.1 and 2 of the Children (Scotland) Act 1995.