Aberdeen City Council, Re Application For An Order Declaring A Child Free For Adoption [1999] ScotCS 45 (11 February 1999)

Aberdeen City Council, Re Application For An Order Declaring A Child Free For Adoption [1999] ScotCS 45 (11 February 1999)

The Sheriff erred in refusing to adjourn the hearing, thereby depriving the appellant of the opportunity to be heard and the court of relevant information regarding the child's best interests. The appellant had locus to be heard as a person whose consent was required or to be dispensed with, and the procedural failure vitiated the Sheriff's decision.

Citation
[1999] ScotCS 45
Parties
Appellant: L. J.; Petitioners and Respondents: Aberdeen City Council
Jurisdiction
Scotland
Judgment Date
11 February 1999
Procedural Posture
Appeal / Appeal From Sheriff Principal's Refusal of Appeal Against Sheriff's Order Freeing a Child for Adoption
Outcome
Appeal allowed
Legal Topics
Adoption, Parental Rights, Procedural Fairness, Locus Standi
Family Law Child Law Adoption Parental Rights Procedural Fairness Locus Standi

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Parties

L. J.

Appellant

Aberdeen City Council

Petitioners and Respondents

Procedural Posture

Appeal / Appeal From Sheriff Principal's Refusal of Appeal Against Sheriff's Order Freeing a Child for Adoption

Legal Issues

  1. 1 Whether the Sheriff erred in refusing to adjourn the hearing to allow the appellant to be heard in opposition to the freeing order for adoption
  2. 2 Whether the appellant had locus standi to be heard as a person whose consent was required or to be dispensed with under the Adoption (Scotland) Act 1978

Ratio Decidendi

The Sheriff erred in refusing to adjourn the hearing, thereby depriving the appellant of the opportunity to be heard and the court of relevant information regarding the child's best interests. The appellant had locus to be heard as a person whose consent was required or to be dispensed with, and the procedural failure vitiated the Sheriff's decision.

Court Disposition

Appeal allowed

Orders

  • Recall the interlocutors of the Sheriff dated 29 April 1998 and the Sheriff Principal dated 28 July 1998
  • Remit the cause to the Sheriff to proceed as accords