Midlothian Council v. KAAW [2005] ScotSC 79 (04 November 2005)

Midlothian Council v. KAAW [2005] ScotSC 79 (04 November 2005)

Granting freeing orders would constitute an unnecessary and disproportionate interference with the respondent's Article 8 ECHR rights, as alternatives such as adoption exist that protect the children's rights while allowing the respondent to seek contact. Therefore, the petitions for freeing orders are not lawful and must be dismissed.

Citation
[2005] ScotSC 79
Parties
Petitioner: Midlothian Council; Respondent: K. A. A. W.
Jurisdiction
Scotland
Judgment Date
04 November 2005
Procedural Posture
Petition for Freeing Orders / Judgment After Hearing on Human Rights Issue
Outcome
Petitions dismissed
Legal Topics
Freeing Orders, Parental Contact, Article 8 ECHR, Adoption (scotland) Act 1978, Proportionality, Necessity, Procedural Irregularity
Family Law Human Rights Law Freeing Orders Parental Contact Article 8 ECHR Adoption (scotland) Act 1978 Proportionality Necessity +1 more

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Parties

Midlothian Council

Petitioner

K. A. A. W.

Respondent

Procedural Posture

Petition for Freeing Orders / Judgment After Hearing on Human Rights Issue

Legal Issues

  1. 1 Whether granting freeing orders is a disproportionate and unnecessary interference with the respondent's Article 8 ECHR rights
  2. 2 Whether the process for freeing orders is compliant with human rights legislation
  3. 3 Whether procedural irregularity (lack of quorum) in adoption panel breaches human rights

Ratio Decidendi

Granting freeing orders would constitute an unnecessary and disproportionate interference with the respondent's Article 8 ECHR rights, as alternatives such as adoption exist that protect the children's rights while allowing the respondent to seek contact. Therefore, the petitions for freeing orders are not lawful and must be dismissed.

Court Disposition

Petitions dismissed

Orders

  • Petitions for freeing orders dismissed
  • Hearing fixed for 27 February 2006 and following days discharged