BR & Anor v Grant [2000] ScotCS 8 (13 January 2000)

BR & Anor v Grant [2000] ScotCS 8 (13 January 2000)

The sheriff applied the correct legal test under section 52(2)(c) of the Children (Scotland) Act 1995 and was entitled, on the evidence and findings, to conclude that the children were likely to be seriously impaired in their development due to lack of parental care. The sheriff principal erred in overturning this decision, as the sheriff's findings and reasoning provided a sufficient and proper foundation for the statutory test.

Citation
[2000] ScotCS 8
Parties
Appellant: B. R.; Appellant: A. R.; Respondent: Evelyn Grant; Respondents (in Appeal): Mr. and Mrs. N.; Interested Party: Children's Reporter; Safeguarder: Safeguarder (Halley)
Jurisdiction
Scotland
Judgment Date
13 January 2000
Procedural Posture
Appeal (stated Case) Under Children (scotland) Act 1995 / Appeal to Inner House, Court of Session From Sheriff Principal
Outcome
Appeal allowed; sheriff's interlocutor restored.
Legal Topics
Grounds of Referral for Compulsory Supervision, Lack of Parental Care, Serious Impairment of Development, Children's Rights of Appeal, Role of Safeguarder, Standard of Proof in Child Protection Referrals
Family Law Child Protection Grounds of Referral for Compulsory Supervision Lack of Parental Care Serious Impairment of Development Children's Rights of Appeal Role of Safeguarder Standard of Proof in Child Protection Referrals

Case Brief

Summary, issues, holding and outcome

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Parties

B. R.

Appellant

A. R.

Appellant

Evelyn Grant

Respondent

Mr. and Mrs. N.

Respondents (in Appeal)

Children's Reporter

Interested Party

Safeguarder (Halley)

Safeguarder

Procedural Posture

Appeal (stated Case) Under Children (scotland) Act 1995 / Appeal to Inner House, Court of Session From Sheriff Principal

Legal Issues

  1. 1 Whether the sheriff applied the correct legal test under section 52(2)(c) of the Children (Scotland) Act 1995
  2. 2 Whether there was sufficient evidence to establish that the children were likely to be seriously impaired in their development due to lack of parental care
  3. 3 Whether the sheriff principal erred in overturning the sheriff's findings

Ratio Decidendi

The sheriff applied the correct legal test under section 52(2)(c) of the Children (Scotland) Act 1995 and was entitled, on the evidence and findings, to conclude that the children were likely to be seriously impaired in their development due to lack of parental care. The sheriff principal erred in overturning this decision, as the sheriff's findings and reasoning provided a sufficient and proper foundation for the statutory test.

Court Disposition

Appeal allowed; sheriff's interlocutor restored.

Orders

  • The appeals by B. R. and A. R. are allowed.
  • The interlocutor of the sheriff principal dated 16 March 1999 is recalled.