PETITIONS OF CITY OF EDINBURGH COUNCIL FOR PERMANENCE ORDERS UNDER SECTION 80 OF THE ADOPTION AND CHILDREN (SCOTLAND) ACT 2007 IN RESPECT OF THE CHILDREN AMDS AND SDS AGAINST LL [2021] ScotCS CSOH_24 (05 March 2021)

PETITIONS OF CITY OF EDINBURGH COUNCIL FOR PERMANENCE ORDERS UNDER SECTION 80 OF THE ADOPTION AND CHILDREN (SCOTLAND) ACT 2007 IN RESPECT OF THE CHILDREN AMDS AND SDS AGAINST LL [2021] ScotCS CSOH_24 (05 March 2021)

The court held that the welfare of the children required the granting of permanence orders with ancillary provisions vesting parental responsibilities and rights in the local authority, and that the Compulsory Supervision Orders should be revoked to promote stability and permanence. The court further determined that future contact and information exchange should be managed by the social work department, with input from mental health professionals as appropriate, and that the respondent would not have a right to attend LAC reviews but would receive regular updates. The arrangements struck a fair balance between the children's welfare and the respondent's interests, given the complexities...

Citation
[2021] ScotCS CSOH_24
Parties
Petitioner: City of Edinburgh Council; Respondent: LL
Jurisdiction
Scotland
Judgment Date
05 March 2021
Procedural Posture
Petition for Permanence Orders Under Section 80 of the Adoption and Children (scotland) Act 2007 / Judgment After Proof
Outcome
Permanence orders granted in respect of both children; Compulsory Supervision Orders revoked; ancillary provisions made as specified.
Legal Topics
Permanence Orders, Parental Responsibilities and Rights, Contact Arrangements, Child Welfare, Mental Health and Parenting
Family Law Child Law Permanence Orders Parental Responsibilities and Rights Contact Arrangements Child Welfare Mental Health and Parenting

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Parties

City of Edinburgh Council

Petitioner

LL

Respondent

Procedural Posture

Petition for Permanence Orders Under Section 80 of the Adoption and Children (scotland) Act 2007 / Judgment After Proof

Legal Issues

  1. 1 Whether permanence orders should be granted in respect of AMDS and SDS under section 80 of the Adoption and Children (Scotland) Act 2007
  2. 2 Whether the Compulsory Supervision Orders (CSOs) should be revoked upon granting permanence orders
  3. 3 How future contact and information exchange between the respondent and the children should be managed given the respondent's mental health

Ratio Decidendi

The court held that the welfare of the children required the granting of permanence orders with ancillary provisions vesting parental responsibilities and rights in the local authority, and that the Compulsory Supervision Orders should be revoked to promote stability and permanence. The court further determined that future contact and information exchange should be managed by the social work department, with input from mental health professionals as appropriate, and that the respondent would not have a right to attend LAC reviews but would receive regular updates. The arrangements struck a fair balance between the children's welfare and the respondent's interests, given the complexities...

Court Disposition

Permanence orders granted in respect of both children; Compulsory Supervision Orders revoked; ancillary provisions made as specified.

Orders

  • Permanence orders granted under section 80 of the Adoption and Children (Scotland) Act 2007 in respect of AMDS and SDS.
  • Compulsory Supervision Orders in respect of both children revoked.