APPEALS BY YL, WBL AND RL IN THE CAUSE EAST LOTHIAN COUNCIL v YL AND WBL, AND ML AND RL [2023] ScotSAC Civ 1 (21 December 2022)

APPEALS BY YL, WBL AND RL IN THE CAUSE EAST LOTHIAN COUNCIL v YL AND WBL, AND ML AND RL [2023] ScotSAC Civ 1 (21 December 2022)

The Sheriff Appeal Court held that the sheriff had correctly applied the statutory test, properly considered the welfare of the children, and that the procedural requirements were met. The appeals were refused.

Citation
[2023] ScotSAC Civ 1
Parties
Pursuer: East Lothian Council; Defender/appellant: YL; Defender/appellant: WBL; Defender/appellant: RL; Defender: ML
Jurisdiction
Scotland
Judgment Date
21 December 2022
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
appeals refused
Legal Topics
Child Welfare, Parental Rights, Removal of Children, Appeal Procedure
Family Law Child Protection Child Welfare Parental Rights Removal of Children Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

East Lothian Council

Pursuer

YL

Defender/appellant

WBL

Defender/appellant

RL

Defender/appellant

ML

Defender

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the sheriff erred in law in granting a permanence order with authority to adopt
  2. 2 Whether the welfare of the children required the making of the order
  3. 3 Whether the procedural requirements were met

Ratio Decidendi

The Sheriff Appeal Court held that the sheriff had correctly applied the statutory test, properly considered the welfare of the children, and that the procedural requirements were met. The appeals were refused.

Court Disposition

appeals refused

Orders

  • The appeals by YL, WBL, and RL are refused.
  • The permanence order with authority to adopt is affirmed.