GLASGOW CITY COUNCIL v. AA + BB [2013] ScotSC 81 (03 October 2013)

GLASGOW CITY COUNCIL v. AA + BB [2013] ScotSC 81 (03 October 2013)

The sheriff's detailed findings in fact provided sufficient reasons for granting the ancillary provisions and extinguishing parental rights, alternatives to permanence were properly considered and rejected based on credible and reliable evidence, and supervised contact was justified by the appellant's conduct and the child's welfare. The appeal was refused as the sheriff's decision was appropriate and proportionate in all the circumstances.

Citation
[2013] ScotSC 81
Parties
Petitioners and Respondents: Glasgow City Council; First Respondent: AA; Second Respondent and Appellant: BB; Advocate for Appellant: Ms R M Guinane
Jurisdiction
Scotland
Judgment Date
03 October 2013
Procedural Posture
Note of Appeal (family Law Permanence Order) / Appeal From Sheriff Court Decision
Outcome
Appeal refused; sheriff's interlocutor adhered to.
Legal Topics
Permanence Orders, Parental Rights and Responsibilities, Child Welfare, Contact Arrangements, Appeal Procedure
Family Law Child Law Permanence Orders Parental Rights and Responsibilities Child Welfare Contact Arrangements Appeal Procedure

Case Brief

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Parties

Glasgow City Council

Petitioners and Respondents

AA

First Respondent

BB

Second Respondent and Appellant

Ms R M Guinane

Advocate for Appellant

Procedural Posture

Note of Appeal (family Law Permanence Order) / Appeal From Sheriff Court Decision

Legal Issues

  1. 1 Whether the sheriff gave adequate reasons for granting ancillary provisions in the Permanence Order
  2. 2 Whether alternatives to a Permanence Order were appropriately considered
  3. 3 Whether the nature and extent of contact with the child by the appellant was properly determined

Ratio Decidendi

The sheriff's detailed findings in fact provided sufficient reasons for granting the ancillary provisions and extinguishing parental rights, alternatives to permanence were properly considered and rejected based on credible and reliable evidence, and supervised contact was justified by the appellant's conduct and the child's welfare. The appeal was refused as the sheriff's decision was appropriate and proportionate in all the circumstances.

Court Disposition

Appeal refused; sheriff's interlocutor adhered to.

Orders

  • Permanence Order in favour of Glasgow City Council under Section 80 of the Adoption and Children (Scotland) Act 2007 upheld.
  • Parental rights and responsibilities of AA and BB extinguished except for supervised contact every three months.