FIFE COUNCIL, PETITION OF FIFE COUNCIL FOR A PERMANENCE ORDER RE LN [2018] ScotCS CSOH_119 (29 November 2018)

FIFE COUNCIL, PETITION OF FIFE COUNCIL FOR A PERMANENCE ORDER RE LN [2018] ScotCS CSOH_119 (29 November 2018)

The court found that the respondents' persistent non-engagement, history of neglect, substance misuse, and failure to demonstrate parenting capacity, combined with the child's lack of contact since birth and established ties with the prospective adoptive family, satisfied the statutory threshold for a permanence order with authority to adopt. The welfare of the child required severance from the birth parents. The interference with Article 8 rights was justified and proportionate given the circumstances.

Citation
[2018] ScotCS CSOH_119
Parties
Petitioner: Fife Council; First Respondent: LN's Mother; Second Respondent: LN's Father
Jurisdiction
Scotland
Judgment Date
29 November 2018
Procedural Posture
Petition for Permanence Order With Authority to Adopt / Final Judgment
Outcome
Permanence order with authority to adopt granted; parental rights and responsibilities extinguished; no contact order imposed; compulsory supervision order terminated.
Legal Topics
Permanence Orders, Parental Rights and Responsibilities, Child Welfare, Authority to Adopt, Non Engagement With Social Services, Human Rights (article 8 Echr)
Family Law Child Protection Adoption Permanence Orders Parental Rights and Responsibilities Child Welfare Authority to Adopt Non Engagement With Social Services +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Fife Council

Petitioner

LN's Mother

First Respondent

LN's Father

Second Respondent

Procedural Posture

Petition for Permanence Order With Authority to Adopt / Final Judgment

Legal Issues

  1. 1 Whether the threshold for granting a permanence order with authority to adopt under sections 80-84 of the Adoption of Children (Scotland) Act 2007 is met
  2. 2 Whether parental rights and responsibilities should be extinguished
  3. 3 Whether the welfare of the child requires severance from birth parents

Ratio Decidendi

The court found that the respondents' persistent non-engagement, history of neglect, substance misuse, and failure to demonstrate parenting capacity, combined with the child's lack of contact since birth and established ties with the prospective adoptive family, satisfied the statutory threshold for a permanence order with authority to adopt. The welfare of the child required severance from the birth parents. The interference with Article 8 rights was justified and proportionate given the circumstances.

Court Disposition

Permanence order with authority to adopt granted; parental rights and responsibilities extinguished; no contact order imposed; compulsory supervision order terminated.

Orders

  • Vesting parental responsibilities and rights in petitioners under Children (Scotland) Act 1995, s.1(1)(a),(b)(i),(d) and s.2(1)(b),(d)
  • Extinguishing parental responsibilities and rights of respondents under Children (Scotland) Act 1995, s.1(1)(a),(b),(d) and s.2(1)(a),(b),(d)