JK IN RESPECT OF THE APPLICATION BY ARGYLL AND BUTE COUNCIL 2021 ScotSAC Civ 25 (24 June 2021)

The sheriff erred in law by failing to apply the correct statutory test and by not adequately considering whether removal was necessary and proportionate in the circumstances.

Source-derived case information.

Parties: Applicant: Argyll and Bute Council; Subject Child: JK
Jurisdiction: Scotland
Judgment Date: 24 June 2021
Procedural Posture: Child Protection Application / Appeal
Outcome: appeal allowed
Legal Topics: Child Protection Order, Grounds for Removal, Appeal Procedure

Family Law Child Protection Child Protection Order Grounds for Removal Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Argyll and Bute Council

Applicant

Subject Child

Procedural Posture

Child Protection Application / Appeal

Legal Issues

1 Whether the sheriff erred in granting a child protection order
2 Whether the statutory test for removal was met

Ratio Decidendi

The sheriff erred in law by failing to apply the correct statutory test and by not adequately considering whether removal was necessary and proportionate in the circumstances.

Court Disposition

appeal allowed

Orders

Child protection order quashed
Case remitted for further consideration if necessary

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