West Lothian Council, Re CE (Permanence Order With Authority To Adopt) [2014] ScotCS CSOH_73 (17 April 2014)

West Lothian Council, Re CE (Permanence Order With Authority To Adopt) [2014] ScotCS CSOH_73 (17 April 2014)

The court found that CE had suffered serious non-accidental injuries while in the care of his parents, that NM had failed to protect him and continued to form relationships with men who posed a risk to CE, and that despite support and assessments, she had not demonstrated the ability to prioritise CE's welfare or protect him from harm. The welfare of CE required the granting of a permanence order with authority to adopt, and ongoing direct contact with NM was not in CE's best interests.

Citation
[2014] ScotCS CSOH_73
Parties
Petitioner: West Lothian Council; First Respondent: NM; Second Respondent: DE
Jurisdiction
Scotland
Judgment Date
17 April 2014
Procedural Posture
Application for Permanence Order With Authority to Adopt / Final Judgment After Proof
Outcome
Permanence order with authority to adopt granted; all parental responsibilities and rights of NM and DE in respect of CE terminated.
Legal Topics
Permanence Order, Adoption, Parental Responsibilities and Rights, Child Welfare, Supervised Contact
Family Law Child Protection Permanence Order Adoption Parental Responsibilities and Rights Child Welfare Supervised Contact

Case Brief

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Parties

West Lothian Council

Petitioner

NM

First Respondent

DE

Second Respondent

Procedural Posture

Application for Permanence Order With Authority to Adopt / Final Judgment After Proof

Legal Issues

  1. 1 Whether a permanence order with authority to adopt should be granted in respect of CE
  2. 2 Whether the welfare of CE requires the severance of parental rights and responsibilities from NM
  3. 3 Whether ongoing contact between NM and CE is in the child's best interests

Ratio Decidendi

The court found that CE had suffered serious non-accidental injuries while in the care of his parents, that NM had failed to protect him and continued to form relationships with men who posed a risk to CE, and that despite support and assessments, she had not demonstrated the ability to prioritise CE's welfare or protect him from harm. The welfare of CE required the granting of a permanence order with authority to adopt, and ongoing direct contact with NM was not in CE's best interests.

Court Disposition

Permanence order with authority to adopt granted; all parental responsibilities and rights of NM and DE in respect of CE terminated.

Orders

  • Permanence order with authority to adopt in respect of CE granted to West Lothian Council.
  • All parental responsibilities and rights of NM and DE in respect of CE terminated.