APPEAL BY B.G. IN THE APPLICATION BY WEST LOTHIAN COUNCIL APPLICANT IN RESPECT OF J.G. ADULT [2014] ScotSC 111 (28 November 2014)

APPEAL BY B.G. IN THE APPLICATION BY WEST LOTHIAN COUNCIL APPLICANT IN RESPECT OF J.G. ADULT [2014] ScotSC 111 (28 November 2014)

The sheriff did not err in law or misapply the statutory principles; the appellant was unsuitable for appointment as interim guardian due to his refusal to comply with court conditions and medical advice, and the appointment of the Chief Social Work Officer was justified to protect the adult's welfare. The sheriff's decision was a proper exercise of discretion within the statutory framework.

Citation
[2014] ScotSC 111
Parties
Appellant: B. G.; Applicant/respondent: West Lothian Council; Adult (subject of Application): J. G.; Proposed Guardian: Chief Social Work Officer of West Lothian Council; Safeguarder: Roy Lumsden
Jurisdiction
Scotland
Judgment Date
28 November 2014
Procedural Posture
Appeal in Guardianship Application (adults With Incapacity) / Appeal Judgment
Outcome
Appeal refused
Legal Topics
Guardianship, Interim Guardianship, Welfare of Incapable Adults, Judicial Discretion, Medical Consent, Statutory Interpretation
Mental Health Law Adult Incapacity Law Family Law Guardianship Interim Guardianship Welfare of Incapable Adults Judicial Discretion Medical Consent +1 more

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Parties

B. G.

Appellant

West Lothian Council

Applicant/respondent

J. G.

Adult (subject of Application)

Chief Social Work Officer of West Lothian Council

Proposed Guardian

Roy Lumsden

Safeguarder

Procedural Posture

Appeal in Guardianship Application (adults With Incapacity) / Appeal Judgment

Legal Issues

  1. 1 Whether the sheriff erred in appointing the Chief Social Work Officer as interim guardian instead of the appellant
  2. 2 Whether the sheriff failed to apply the principles in section 1 of the Adults with Incapacity (Scotland) Act 2000
  3. 3 Whether the sheriff was required to hold an evidential hearing before making the interim guardianship order

Ratio Decidendi

The sheriff did not err in law or misapply the statutory principles; the appellant was unsuitable for appointment as interim guardian due to his refusal to comply with court conditions and medical advice, and the appointment of the Chief Social Work Officer was justified to protect the adult's welfare. The sheriff's decision was a proper exercise of discretion within the statutory framework.

Court Disposition

Appeal refused

Orders

  • Recall the appointment of the Chief Social Work Officer as interim guardian per interlocutor of 16 May 2014
  • Appoint the Chief Social Work Officer of West Lothian Council as guardian to J. G. for six months from the date of judgment with specified welfare powers