SHERIFF APPEAL COURT IN THE PETITION OF THE CITY OF EDINBURGH COUNCIL, APPEAL FROM THE AGAINST GD [2018] ScotCS CSIH_52 (01 August 2018)

SHERIFF APPEAL COURT IN THE PETITION OF THE CITY OF EDINBURGH COUNCIL, APPEAL FROM THE AGAINST GD [2018] ScotCS CSIH_52 (01 August 2018)

The threshold test under section 84(5)(c)(ii) must be applied at the time of the court's decision. Proven facts of serious non-accidental injury by one or both parents, with no acceptable explanation and no material change in circumstances, establish a real possibility of serious detriment to the child's welfare. The welfare and necessity tests are met, and it is better for the child that a Permanence Order with authority to adopt be made. Parental consent is dispensed with as parents are unable to discharge responsibilities satisfactorily.

Citation
[2018] ScotCS CSIH_52
Parties
Petitioner and Respondent: The City of Edinburgh Council; Respondent and Appellant: GD
Jurisdiction
Scotland
Judgment Date
01 August 2018
Procedural Posture
Appeal From Sheriff Appeal Court in Petition for Permanence Order With Authority to Adopt / Final Appellate Judgment
Outcome
Appeal refused; Sheriff Appeal Court's interlocutor adhered to with modified findings-in-fact and law.
Legal Topics
Permanence Orders, Threshold Test, Parental Rights, Child Welfare, Adoption Authority, European Convention on Human Rights
Family Law Child Protection Adoption Law Permanence Orders Threshold Test Parental Rights Child Welfare Adoption Authority +1 more

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Parties

The City of Edinburgh Council

Petitioner and Respondent

GD

Respondent and Appellant

Procedural Posture

Appeal From Sheriff Appeal Court in Petition for Permanence Order With Authority to Adopt / Final Appellate Judgment

Legal Issues

  1. 1 Proper timing for application of threshold test under section 84(5)(c)(ii) Adoption and Children (Scotland) Act 2007
  2. 2 Whether unexplained non-accidental injury by one or both parents meets threshold for serious detriment
  3. 3 Necessity and proportionality of Permanence Order and authority to adopt

Ratio Decidendi

The threshold test under section 84(5)(c)(ii) must be applied at the time of the court's decision. Proven facts of serious non-accidental injury by one or both parents, with no acceptable explanation and no material change in circumstances, establish a real possibility of serious detriment to the child's welfare. The welfare and necessity tests are met, and it is better for the child that a Permanence Order with authority to adopt be made. Parental consent is dispensed with as parents are unable to discharge responsibilities satisfactorily.

Court Disposition

Appeal refused; Sheriff Appeal Court's interlocutor adhered to with modified findings-in-fact and law.

Orders

  • Permanence Order made under section 80 Adoption and Children (Scotland) Act 2007
  • Authority to adopt granted