APPLICATIONS FOR PERMANENCE ORDERS UNDER SECTION 80 OF THE ADOPTION AND CHILDREN (SCOTLAND) ACT 2007 IN RESPECT OF THE CHILDREN A AND B [2017] ScotSC 30 (19 May 2017)

APPLICATIONS FOR PERMANENCE ORDERS UNDER SECTION 80 OF THE ADOPTION AND CHILDREN (SCOTLAND) ACT 2007 IN RESPECT OF THE CHILDREN A AND B [2017] ScotSC 30 (19 May 2017)

The welfare of the children is safeguarded and promoted by the making of permanence orders with provision for indirect contact, including the annual viewing of photographs by the respondents, as this arrangement is appropriate and in the best interests of the children. The risks associated with viewing photographs do not materially increase existing risks, and the arrangement enhances the quality of indirect contact without compromising the children's welfare.

Citation
[2017] ScotSC 30
Parties
Petitioner: City of Edinburgh Council; Respondent (mother): M; Respondent (father): F; Child: A; Child: B
Jurisdiction
Scotland
Judgment Date
19 May 2017
Procedural Posture
Application for Permanence Orders / Judgment After Proof
Outcome
Permanence orders granted with provision for indirect contact and cessation of compulsory supervision order.
Legal Topics
Permanence Orders, Parental Rights and Responsibilities, Contact Arrangements, Adoption and Children (scotland) Act 2007
Family Law Child Law Permanence Orders Parental Rights and Responsibilities Contact Arrangements Adoption and Children (scotland) Act 2007

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Parties

City of Edinburgh Council

Petitioner

M

Respondent (mother)

F

Respondent (father)

A

Child

B

Child

Procedural Posture

Application for Permanence Orders / Judgment After Proof

Legal Issues

  1. 1 Whether permanence orders should be granted under section 80 of the Adoption and Children (Scotland) Act 2007 in respect of children A and B
  2. 2 Whether indirect contact, including the viewing of photographs, is appropriate and in the best interests of the children

Ratio Decidendi

The welfare of the children is safeguarded and promoted by the making of permanence orders with provision for indirect contact, including the annual viewing of photographs by the respondents, as this arrangement is appropriate and in the best interests of the children. The risks associated with viewing photographs do not materially increase existing risks, and the arrangement enhances the quality of indirect contact without compromising the children's welfare.

Court Disposition

Permanence orders granted with provision for indirect contact and cessation of compulsory supervision order.

Orders

  • Permanence orders made in favour of the petitioner in respect of each child, vesting parental responsibilities and rights as specified in sections 81 and 82 of the 2007 Act and the Children (Scotland) Act 1995.
  • Provision for indirect contact three times per year, including exchange of cards or letters and annual viewing of photographs by the respondents, facilitated and monitored by the petitioner.