RG & Anor v WL, To Adopt [1999] ScotCS 62 (26 February 1999)

RG & Anor v WL, To Adopt [1999] ScotCS 62 (26 February 1999)

The sheriff was entitled to find persistent failure to discharge parental responsibilities but erred in exercising discretion to refuse the adoption order; the balance of factors, including the child's need for security and the unanimous view of long-term carers and professionals, favoured granting the adoption order.

Citation
[1999] ScotCS 62
Parties
Petitioners and Appellants: RG and RAG; Child (subject of Adoption): WL, son of FM; Respondent: FM
Jurisdiction
Scotland
Judgment Date
26 February 1999
Procedural Posture
Adoption Petition and Appeals / Appeal From Sheriff Court Decision
Outcome
Appeal allowed; adoption order granted in favour of petitioners.
Legal Topics
Adoption, Parental Consent, Parental Responsibilities, Child Welfare, Residence Orders
Family Law Child Law Adoption Parental Consent Parental Responsibilities Child Welfare Residence Orders

Case Brief

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Parties

RG and RAG

Petitioners and Appellants

WL, son of FM

Child (subject of Adoption)

FM

Respondent

Procedural Posture

Adoption Petition and Appeals / Appeal From Sheriff Court Decision

Legal Issues

  1. 1 Whether the respondent's refusal to consent to adoption was unreasonable under section 16(2)(b) of the Adoption (Scotland) Act 1978
  2. 2 Whether the respondent persistently failed to discharge parental responsibilities under section 16(2)(c) of the Adoption (Scotland) Act 1978
  3. 3 Whether the sheriff properly exercised discretion in refusing the adoption order despite finding persistent failure

Ratio Decidendi

The sheriff was entitled to find persistent failure to discharge parental responsibilities but erred in exercising discretion to refuse the adoption order; the balance of factors, including the child's need for security and the unanimous view of long-term carers and professionals, favoured granting the adoption order.

Court Disposition

Appeal allowed; adoption order granted in favour of petitioners.

Orders

  • Adoption order granted to RG and RAG for WL.
  • Amendments to findings in fact allowed as per parties' agreement.