TRW (Child), Re Petition of West Lothian Council for a Permanence Order with Ancillary Provisions and Authority for the Child to be Adopted [2015] ScotCS CSOH_28 (24 March 2015)

TRW (Child), Re Petition of West Lothian Council for a Permanence Order with Ancillary Provisions and Authority for the Child to be Adopted [2015] ScotCS CSOH_28 (24 March 2015)

The child suffered serious non-accidental injuries while in the sole care of the respondent and MW. The parents failed to engage with the child protection plan or agencies, demonstrated lack of insight into the child's needs, and attempted to mislead the court. The statutory tests for a permanence order with authority to adopt are met, and it is necessary and in the child's best interests to grant the order and remove all parental rights and responsibilities, including direct contact.

Citation
[2015] ScotCS CSOH_28
Parties
Petitioner: West Lothian Council; Respondent: CM; Father (not Formally Respondent): MW
Jurisdiction
Scotland
Judgment Date
24 March 2015
Procedural Posture
Petition for Permanence Order With Authority to Adopt / Final Judgment After Proof
Outcome
Permanence order with authority to adopt granted; all parental rights and responsibilities removed from respondent and MW; no direct contact ordered.
Legal Topics
Permanence Order, Adoption, Parental Rights and Responsibilities, Child Welfare, Non Accidental Injury, Best Interests of the Child
Family Law Child Protection Permanence Order Adoption Parental Rights and Responsibilities Child Welfare Non Accidental Injury Best Interests of the Child

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Parties

West Lothian Council

Petitioner

CM

Respondent

MW

Father (not Formally Respondent)

Procedural Posture

Petition for Permanence Order With Authority to Adopt / Final Judgment After Proof

Legal Issues

  1. 1 Whether a permanence order with authority to adopt should be granted in respect of the child TRW under the Adoption and Children (Scotland) Act 2007
  2. 2 Whether the statutory tests for dispensing with parental consent and for granting authority to adopt are met
  3. 3 Whether the welfare of the child requires severance of parental rights and responsibilities

Ratio Decidendi

The child suffered serious non-accidental injuries while in the sole care of the respondent and MW. The parents failed to engage with the child protection plan or agencies, demonstrated lack of insight into the child's needs, and attempted to mislead the court. The statutory tests for a permanence order with authority to adopt are met, and it is necessary and in the child's best interests to grant the order and remove all parental rights and responsibilities, including direct contact.

Court Disposition

Permanence order with authority to adopt granted; all parental rights and responsibilities removed from respondent and MW; no direct contact ordered.

Orders

  • Permanence order granted under section 80 of the Adoption and Children (Scotland) Act 2007
  • All parental rights and responsibilities of CM and MW extinguished