APPLICATION FOR GUARDIANSHIP ORDER UNDER SECTION 57 OF THE ADULTS WITH INCAPACITY (SCOTLAND) ACT 2000 BY FALKIRK COUNCIL IN RESPECT OF S [2014] ScotSC 35 (02 June 2014)

The overwhelming weight of credible evidence supports a three-year guardianship order as the least restrictive and most beneficial option for S, given her lifelong impairment, need for stability, and the disruption a shorter order would cause to her rehabilitation.

Source-derived case information.

Citation: [2014] ScotSC 35
Parties: Applicant: Falkirk Council; Respondent: S
Jurisdiction: Scotland
Judgment Date: 02 June 2014
Procedural Posture: Application for Guardianship Order / Final Determination After Hearing
Outcome: Guardianship order granted for three years.
Legal Topics: Guardianship, Adults With Incapacity, Duration of Guardianship Orders, Personal Welfare

Mental Health Law Family Law Adult Protection Guardianship Adults With Incapacity Duration of Guardianship Orders Personal Welfare

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Parties

Falkirk Council

Applicant

Respondent

Procedural Posture

Application for Guardianship Order / Final Determination After Hearing

Legal Issues

1 What is the appropriate duration for a guardianship order under section 57 of the Adults with Incapacity (Scotland) Act 2000?
2 Does a shorter order represent the least restrictive option for S's welfare?

Ratio Decidendi

Court Disposition

Guardianship order granted for three years.

Orders

Chief Social Worker of Falkirk Council appointed guardian of S for three years with powers relating to S's personal welfare.

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