APPLICATION FOR A PERMANENCE ORDER BY ABERDEEN CITY COUNCIL IN RESPECT OF CHILD SW [2013] ScotSC 33 (05 April 2013)
The permanence order was granted as the statutory requirements were met, the best interests of the child were served, and sufficient evidence was provided to address concerns about the foster carer and ancillary provisions.
- Citation
- [2013] ScotSC 33
- Parties
- Petitioner: Aberdeen City Council; Subject: A (child, anonymised as SW); Interested Party: X (foster carer)
- Jurisdiction
- Scotland
- Judgment Date
- 05 April 2013
- Procedural Posture
- Application for Permanence Order / Final Decree After Undefended Proof
- Outcome
- permanence order granted
- Legal Topics
- Permanence Order, Parental Rights and Responsibilities, Supervision Requirement, Adoption and Children (scotland) Act 2007, Court Procedure
Case Brief
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Parties
Aberdeen City Council
Petitioner
A (child, anonymised as SW)
Subject
X (foster carer)
Interested Party
Procedural Posture
Application for Permanence Order / Final Decree After Undefended Proof
Legal Issues
- 1 Whether a permanence order should be granted in respect of child A under s.80 of the Adoption and Children (Scotland) Act 2007
- 2 Whether ancillary provisions should be vested jointly in the petitioners and foster carer X
- 3 Whether the existing supervision requirement should be revoked
Ratio Decidendi
The permanence order was granted as the statutory requirements were met, the best interests of the child were served, and sufficient evidence was provided to address concerns about the foster carer and ancillary provisions.
Court Disposition
permanence order granted
Orders
- Permanence order granted vesting mandatory provision in petitioners
- Ancillary provisions vested jointly in petitioners and foster carer X
Full Case Text
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