Glasgow City Council against MM (Sheriff Appeal Court Civil) [2024] SACCIV 38 (12 August 2024)

Glasgow City Council against MM (Sheriff Appeal Court Civil) [2024] SACCIV 38 (12 August 2024)

Section 81(1) of the Adoption and Children (Scotland) Act 2007 is not severable; both the responsibility to provide guidance and the right to regulate residence must vest in the local authority for a competent permanence order. Where the child is over 16 and the right to regulate residence cannot vest, a permanence order cannot competently be made. The sheriff erred in granting a permanence order in these circumstances.

Citation
[2024] SACCIV 38
Parties
Petitioner and Respondent: Glasgow City Council; Respondent and Appellant: MM
Jurisdiction
Scotland
Judgment Date
12 August 2024
Procedural Posture
Appeal (civil, Child Law) / Sheriff Appeal Court Decision on Appeal From Sheriff's Order Granting Permanence Order
Outcome
Appeal allowed; sheriff's interlocutor of 4 January 2024 recalled; petition refused; no expenses awarded; appeal sanctioned for junior counsel.
Legal Topics
Permanence Orders, Adoption and Children (scotland) Act 2007, Parental Rights and Responsibilities, Competency of Orders, Statutory Construction
Family Law Child Law Statutory Interpretation Permanence Orders Adoption and Children (scotland) Act 2007 Parental Rights and Responsibilities Competency of Orders Statutory Construction

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 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Glasgow City Council

Petitioner and Respondent

MM

Respondent and Appellant

Procedural Posture

Appeal (civil, Child Law) / Sheriff Appeal Court Decision on Appeal From Sheriff's Order Granting Permanence Order

Legal Issues

  1. 1 Whether section 81(1) of the Adoption and Children (Scotland) Act 2007 is severable such that a permanence order can be made in respect of a child over 16 years old, vesting only the responsibility in section 81(1)(a) and not the right in section 81(1)(b)
  2. 2 Whether the sheriff erred in granting a permanence order where the right to regulate the child's residence could not vest due to the child's age
  3. 3 Whether the appeal was competent given the procedural history

Ratio Decidendi

Section 81(1) of the Adoption and Children (Scotland) Act 2007 is not severable; both the responsibility to provide guidance and the right to regulate residence must vest in the local authority for a competent permanence order. Where the child is over 16 and the right to regulate residence cannot vest, a permanence order cannot competently be made. The sheriff erred in granting a permanence order in these circumstances.

Court Disposition

Appeal allowed; sheriff's interlocutor of 4 January 2024 recalled; petition refused; no expenses awarded; appeal sanctioned for junior counsel.

Orders

  • Recall of sheriff's interlocutor of 4 January 2024
  • Refusal of the petition for permanence order