ABERDEEN CITY COUNCIL v. H.D. [2010] ScotSC 157 (13 September 2010)

ABERDEEN CITY COUNCIL v. H.D. [2010] ScotSC 157 (13 September 2010)

The court found that the respondent mother’s refusal to consent to adoption was not unreasonable and that she had not persistently failed to discharge her parental responsibilities. The statutory grounds for dispensing with her consent were not established. The strong emotional bond between mother and child, the absence of persistent failure, and the changes in family circumstances meant that the freeing order sought by the petitioners was refused.

Citation
[2010] ScotSC 157
Parties
Petitioner: Aberdeen City Council; Respondent: HD
Jurisdiction
Scotland
Judgment Date
13 September 2010
Procedural Posture
Freeing Order (adoption) Petition / Judgment After Full Hearing
Outcome
Petition refused
Legal Topics
Adoption, Freeing Order, Dispensing With Parental Consent, Welfare of the Child, Parental Responsibility
Family Law Child Law Adoption Freeing Order Dispensing With Parental Consent Welfare of the Child Parental Responsibility

Case Brief

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Parties

Aberdeen City Council

Petitioner

HD

Respondent

Procedural Posture

Freeing Order (adoption) Petition / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the consent of the natural mother to adoption should be dispensed with under the Adoption (Scotland) Act 1978, Section 16(2)
  2. 2 Whether the mother has persistently failed to discharge her parental responsibilities to safeguard and promote the child's welfare

Ratio Decidendi

The court found that the respondent mother’s refusal to consent to adoption was not unreasonable and that she had not persistently failed to discharge her parental responsibilities. The statutory grounds for dispensing with her consent were not established. The strong emotional bond between mother and child, the absence of persistent failure, and the changes in family circumstances meant that the freeing order sought by the petitioners was refused.

Court Disposition

Petition refused

Orders

  • Refuses to dispense with the consent of the respondent mother to the adoption of L
  • Refuses the crave of the petition for a freeing order