A.M. AND S.O. AGAINST GORDON BRECHIN [2015] ScotSC 52 (01 July 2015)

The sheriff erred in law by relying on historic adolescent behaviour and refusal of assessment without establishing a present significant or substantial risk; inappropriate sexual language was not properly included in findings; threshold test for intervention was not met; facts must be relevant and sufficient for article 8 ECHR purposes.

Citation: [2015] ScotSC 52
Parties: Appellant: AM; Appellant: SO; Defendant: Gordon Brechin; Respondent: Children's Reporter
Jurisdiction: Scotland
Judgment Date: 01 July 2015
Procedural Posture: Appeal / Judgment
Outcome: appeals allowed
Legal Topics: Threshold Test, Risk Assessment, Grounds of Referral, Children (scotland) Act 1995, Children’s Hearings (scotland) Act 2011, Article 8 ECHR

Family Law Child Protection Threshold Test Risk Assessment Grounds of Referral Children (scotland) Act 1995 Children’s Hearings (scotland) Act 2011 Article 8 ECHR

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2

Parties

Appellant

Gordon Brechin

Defendant

Children's Reporter

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

1 Whether the sheriff erred in law in applying the threshold test for risk under section 52(2)(c) Children (Scotland) Act 1995
2 Whether historic behaviour and refusal of assessment are sufficient to establish significant risk
3 Whether inappropriate sexual language was properly considered

Ratio Decidendi

Court Disposition

appeals allowed

Orders

KR's case remitted to children's hearing on basis of statements of fact (1) to (7)
NO's application dismissed and referral discharged