Dundee City Council v. FD & Anor [2007] ScotSC 65 (12 November 2007)

Dundee City Council v. FD & Anor [2007] ScotSC 65 (12 November 2007)

The 2001 Regulations, made under s101(3) of the Children (Scotland) Act 1995, are binding and remove the court's power to order payment or remit accounts for taxation in parental responsibility order cases; as Scottish Ministers have not determined the fees, the local authority must pay such fees as they think fit, and the court cannot grant the motion for payment or taxation of the account.

Citation
[2007] ScotSC 65
Parties
Petitioner: Dundee City Council; Respondent: FD; Respondent: VW; Interested Party: Curator ad litem and Reporting Officer
Jurisdiction
Scotland
Judgment Date
12 November 2007
Procedural Posture
Applications for Parental Responsibility Orders / Motion for Payment of Fees and Outlays to Curator Ad Litem and Reporting Officer
Outcome
motion refused
Legal Topics
Parental Responsibility Orders, Court Appointed Officers' Fees, Statutory Interpretation, Local Authority Obligations
Family Law Child Law Public Law Parental Responsibility Orders Court Appointed Officers' Fees Statutory Interpretation Local Authority Obligations

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Parties

Dundee City Council

Petitioner

FD

Respondent

VW

Respondent

Curator ad litem and Reporting Officer

Interested Party

Procedural Posture

Applications for Parental Responsibility Orders / Motion for Payment of Fees and Outlays to Curator Ad Litem and Reporting Officer

Legal Issues

  1. 1 Whether the court can order the local authority to pay fees and outlays to a curator ad litem and reporting officer in the absence of a fee determination by Scottish Ministers under the relevant regulations.
  2. 2 Whether Rule 2.2 of the Act of Sederunt (Child Care and Maintenance Rules) 1997 can be used to remit the account for taxation in light of the 2001 Regulations.

Ratio Decidendi

The 2001 Regulations, made under s101(3) of the Children (Scotland) Act 1995, are binding and remove the court's power to order payment or remit accounts for taxation in parental responsibility order cases; as Scottish Ministers have not determined the fees, the local authority must pay such fees as they think fit, and the court cannot grant the motion for payment or taxation of the account.

Court Disposition

motion refused