APPEAL UNDER SECTION 154 OF THE CHILDREN'S HEARINGS (SCOTLAND) ACT 2011 BY CP RELATIVE TO THE CHILD E [2016] ScotSC 41 (27 May 2016)

APPEAL UNDER SECTION 154 OF THE CHILDREN'S HEARINGS (SCOTLAND) ACT 2011 BY CP RELATIVE TO THE CHILD E [2016] ScotSC 41 (27 May 2016)

The children’s hearing failed to consider the appellant’s reasonable request for a rehabilitation plan and did not defer the review to obtain relevant reports, amounting to procedural irregularity and unfairness to the appellant. The appeal is allowed and a new hearing must be arranged.

Citation
[2016] ScotSC 41
Parties
Appellant (mother of the Child): CP; Respondent: Children’s Reporter; Relevant Person (maternal Grandmother): WP; Relevant Person (father of the Child): JP; Relevant Person (maternal Great Grandmother): VB
Jurisdiction
Scotland
Judgment Date
27 May 2016
Procedural Posture
Appeal Under Section 154 of the Children’s Hearings (scotland) Act 2011 / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Compulsory Supervision Order, Children’s Hearings, Procedural Fairness, Rehabilitation Plan, Review of Orders
Child Protection Family Law Compulsory Supervision Order Children’s Hearings Procedural Fairness Rehabilitation Plan Review of Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

CP

Appellant (mother of the Child)

Children’s Reporter

Respondent

WP

Relevant Person (maternal Grandmother)

JP

Relevant Person (father of the Child)

VB

Relevant Person (maternal Great Grandmother)

Procedural Posture

Appeal Under Section 154 of the Children’s Hearings (scotland) Act 2011 / Judgment on Appeal

Legal Issues

  1. 1 Whether the children’s hearing erred by refusing to consider the appellant’s request for a rehabilitation plan
  2. 2 Whether the hearing wrongly refused to defer consideration to obtain relevant reports
  3. 3 Whether procedural irregularity occurred in the review process

Ratio Decidendi

The children’s hearing failed to consider the appellant’s reasonable request for a rehabilitation plan and did not defer the review to obtain relevant reports, amounting to procedural irregularity and unfairness to the appellant. The appeal is allowed and a new hearing must be arranged.

Court Disposition

appeal allowed

Orders

  • Principal Reporter required to arrange a children’s hearing to consider the appellant’s request for a rehabilitation plan to return the child to her care