IO & Anor (Children) [2011] ScotSC 8 (08 February 2011)

IO & Anor (Children) [2011] ScotSC 8 (08 February 2011)

The court found that HMCO had suffered non-accidental injuries caused by the male respondent, that both respondents failed to accept responsibility, and that returning HMCO to their care would not safeguard or promote his welfare. The respondents' consent to adoption was being withheld unreasonably. The proceedings were competent under the transitional provisions, which should be interpreted to allow completion of applications commenced before the new regime. Adoption was necessary and in the best interests of the child.

Citation
[2011] ScotSC 8
Parties
Petitioner: Aberdeen City Council; Respondent: IO; Respondent: LO
Jurisdiction
Scotland
Judgment Date
08 February 2011
Procedural Posture
Application for an Order Declaring a Child Free for Adoption / Determination at First Instance
Outcome
Application granted. Child declared free for adoption. Respondents' consent dispensed with as unreasonably withheld.
Legal Topics
Adoption, Parental Consent, Child Welfare, Statutory Interpretation
Family Law Child Protection Adoption Parental Consent Child Welfare Statutory Interpretation

Case Brief

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Parties

Aberdeen City Council

Petitioner

IO

Respondent

LO

Respondent

Procedural Posture

Application for an Order Declaring a Child Free for Adoption / Determination at First Instance

Legal Issues

  1. 1 Whether the child HMCO should be freed for adoption under the Adoption (Scotland) Act 1978, section 18
  2. 2 Whether the respondents are unreasonably withholding consent to adoption
  3. 3 Whether the proceedings were competent under transitional provisions of the Adoption and Children (Scotland) Act 2007

Ratio Decidendi

The court found that HMCO had suffered non-accidental injuries caused by the male respondent, that both respondents failed to accept responsibility, and that returning HMCO to their care would not safeguard or promote his welfare. The respondents' consent to adoption was being withheld unreasonably. The proceedings were competent under the transitional provisions, which should be interpreted to allow completion of applications commenced before the new regime. Adoption was necessary and in the best interests of the child.

Court Disposition

Application granted. Child declared free for adoption. Respondents' consent dispensed with as unreasonably withheld.

Orders

  • Dispenses with the agreement and consent of the respondents on the ground that they are withholding same unreasonably and makes an order declaring the child, HMCO, free for adoption.
  • Orders that HMCO shall be treated as subject to a Permanence Order in terms as set out in article 17(2) of The Adoption and Children (Scotland) Act 2007 (Commencement No.4, Transitional and Saving Provisions) Order 2009.