RENFREWSHIRE COUNCIL AGAINST A.M.M. [2015] ScotCS CSOH_17 (13 February 2015)

RENFREWSHIRE COUNCIL AGAINST A.M.M. [2015] ScotCS CSOH_17 (13 February 2015)

It is necessary for the safeguarding and welfare of the children that their current foster placements be maintained for the remainder of their childhood, which can only be achieved by granting the permanence orders sought. The statutory requirements are satisfied, and it is better for each child that the order be made than not.

Citation
[2015] ScotCS CSOH_17
Parties
Petitioner: Renfrewshire Council; Respondent: AMM
Jurisdiction
Scotland
Judgment Date
13 February 2015
Procedural Posture
Petition for Permanence Orders Under the Adoption and Children (scotland) Act 2007 / Opinion Following Proof (trial)
Outcome
Permanence orders granted as sought in all three petitions; no formal order for contact made.
Legal Topics
Permanence Orders, Parental Rights and Responsibilities, Child Welfare, Contact Arrangements
Family Law Child Law Permanence Orders Parental Rights and Responsibilities Child Welfare Contact Arrangements

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Parties

Renfrewshire Council

Petitioner

AMM

Respondent

Procedural Posture

Petition for Permanence Orders Under the Adoption and Children (scotland) Act 2007 / Opinion Following Proof (trial)

Legal Issues

  1. 1 Whether permanence orders should be granted for three children under the Adoption and Children (Scotland) Act 2007
  2. 2 Whether it is better for the children that the orders be made than not
  3. 3 What ancillary provisions, particularly regarding contact, should be made

Ratio Decidendi

It is necessary for the safeguarding and welfare of the children that their current foster placements be maintained for the remainder of their childhood, which can only be achieved by granting the permanence orders sought. The statutory requirements are satisfied, and it is better for each child that the order be made than not.

Court Disposition

Permanence orders granted as sought in all three petitions; no formal order for contact made.

Orders

  • Permanence orders granted in respect of LK, AK, and OK.
  • No order for contact; petitioners to facilitate regular contact with respondent as per their stated intention.