T CHILDREN - APPEAL BY PARENTS UNDER SECTION 160 OF THE CHILDRENS HEARING (SCOTLAND) ACT 2011 [2013] ScotSC 62 (04 September 2013)

T CHILDREN - APPEAL BY PARENTS UNDER SECTION 160 OF THE CHILDRENS HEARING (SCOTLAND) ACT 2011 [2013] ScotSC 62 (04 September 2013)

The pre-hearing panel was justified in deeming the foster carers as relevant persons because they had significant involvement in the upbringing of the children, as required by Section 81(3) of the 2011 Act. The statutory framework prioritizes the welfare of the child, which can override parental Article 8 rights where necessary. The determination was therefore confirmed.

Citation
[2013] ScotSC 62
Parties
Appellant: AG; Appellant: MT; Respondent: Brownlie
Jurisdiction
Scotland
Judgment Date
04 September 2013
Procedural Posture
Appeal Under Section 160 of the Children's Hearings (scotland) Act 2011 / Judgment on Appeal Against Pre Hearing Panel Determination
Outcome
appeal dismissed; determination confirmed
Legal Topics
Relevant Person Status, Children's Hearings, Article 8 ECHR, Foster Carers' Rights, Welfare of the Child
Family Law Child Protection Human Rights Relevant Person Status Children's Hearings Article 8 ECHR Foster Carers' Rights Welfare of the Child

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Parties

AG

Appellant

MT

Appellant

Brownlie

Respondent

Procedural Posture

Appeal Under Section 160 of the Children's Hearings (scotland) Act 2011 / Judgment on Appeal Against Pre Hearing Panel Determination

Legal Issues

  1. 1 Whether foster carers should be deemed relevant persons under Section 81(3) of the 2011 Act
  2. 2 Whether deeming foster carers as relevant persons unlawfully interferes with parents' Article 8 rights

Ratio Decidendi

The pre-hearing panel was justified in deeming the foster carers as relevant persons because they had significant involvement in the upbringing of the children, as required by Section 81(3) of the 2011 Act. The statutory framework prioritizes the welfare of the child, which can override parental Article 8 rights where necessary. The determination was therefore confirmed.

Court Disposition

appeal dismissed; determination confirmed

Orders

  • The determination of the pre-hearing panel deeming the foster carers as relevant persons is confirmed.