City Of Edinburgh Council v NB, Re Application For Declaring A Child Free For Adoption [1999] ScotCS 85 (19 March 1999)

City Of Edinburgh Council v NB, Re Application For Declaring A Child Free For Adoption [1999] ScotCS 85 (19 March 1999)

The sheriff's decision was flawed due to inadequate reasoning and failure to properly carry out the second-stage discretionary exercise required by section 18(1) of the Adoption (Scotland) Act 1978. On a de novo consideration, the persistent failure of the mother to fulfil parental responsibilities, the improbability of future improvement, and the paramount need for the child's stability and security required that the mother's agreement be dispensed with and the child freed for adoption.

Citation
[1999] ScotCS 85
Parties
Petitioners and Appellants: The City of Edinburgh Council; Respondent: N. B.
Jurisdiction
Scotland
Judgment Date
19 March 1999
Procedural Posture
Appeal From Sheriff Court (child Adoption/freeing Order) / Appellate Judgment (court of Session, Inner House)
Outcome
Appeal allowed; sheriff's interlocutor recalled; agreement of mother dispensed with; freeing order made.
Legal Topics
Adoption, Dispensing With Parental Consent, Parental Responsibilities, Child Welfare, Appeal Procedure
Family Law Child Law Adoption Dispensing With Parental Consent Parental Responsibilities Child Welfare Appeal Procedure

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Parties

The City of Edinburgh Council

Petitioners and Appellants

N. B.

Respondent

Procedural Posture

Appeal From Sheriff Court (child Adoption/freeing Order) / Appellate Judgment (court of Session, Inner House)

Legal Issues

  1. 1 Whether the mother's agreement to adoption should be dispensed with under section 18 of the Adoption (Scotland) Act 1978
  2. 2 Whether the sheriff erred in the application of the two-stage test for dispensing with parental agreement
  3. 3 Whether the welfare of the child required freeing for adoption

Ratio Decidendi

The sheriff's decision was flawed due to inadequate reasoning and failure to properly carry out the second-stage discretionary exercise required by section 18(1) of the Adoption (Scotland) Act 1978. On a de novo consideration, the persistent failure of the mother to fulfil parental responsibilities, the improbability of future improvement, and the paramount need for the child's stability and security required that the mother's agreement be dispensed with and the child freed for adoption.

Court Disposition

Appeal allowed; sheriff's interlocutor recalled; agreement of mother dispensed with; freeing order made.

Orders

  • Sheriff's decision recalled
  • Mother's agreement to adoption dispensed with