WEST LOTHIAN COUNCIL, PETITION OF FOR A PERMANENCE ORDER WITH ANCILLARY PROVISIONS AND AUTHORITY FOR THE CHILD TO BE ADOPTED IN RESPECT OF THE CHILD HSW AGAINST CM AND MW [2015] ScotCS CSOH_181 (23 December 2015)

WEST LOTHIAN COUNCIL, PETITION OF FOR A PERMANENCE ORDER WITH ANCILLARY PROVISIONS AND AUTHORITY FOR THE CHILD TO BE ADOPTED IN RESPECT OF THE CHILD HSW AGAINST CM AND MW [2015] ScotCS CSOH_181 (23 December 2015)

The court found, on the balance of probabilities, that the child HSW's sibling suffered non-accidental injuries while in the care of the respondents, that the respondents failed to discharge their parental responsibilities in a safe and effective manner, and that the respondents' inability to provide safe care was likely to continue. The welfare of HSW required the making of a permanence order with authority to adopt, and it was better for the child that the order be made. The statutory grounds for dispensing with parental consent were met. Direct contact with the respondents was not in the child's best interests.

Citation
[2015] ScotCS CSOH_181
Parties
Petitioner: West Lothian Council; First Respondent: CM; Second Respondent: MW
Jurisdiction
Scotland
Judgment Date
23 December 2015
Procedural Posture
Petition 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 the respondents extinguished; no direct contact ordered.
Legal Topics
Permanence Order, Authority to Adopt, Parental Responsibilities and Rights, Dispensation of Parental Consent, Child Welfare, Non Accidental Injury, Contact Arrangements
Family Law Child Protection Adoption Law Permanence Order Authority to Adopt Parental Responsibilities and Rights Dispensation of Parental Consent Child Welfare +2 more

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Parties

West Lothian Council

Petitioner

CM

First Respondent

MW

Second Respondent

Procedural Posture

Petition 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 HSW
  2. 2 Whether the parental responsibilities and rights of the respondents should be extinguished
  3. 3 Whether the welfare of the child requires dispensation with parental consent to adoption

Ratio Decidendi

The court found, on the balance of probabilities, that the child HSW's sibling suffered non-accidental injuries while in the care of the respondents, that the respondents failed to discharge their parental responsibilities in a safe and effective manner, and that the respondents' inability to provide safe care was likely to continue. The welfare of HSW required the making of a permanence order with authority to adopt, and it was better for the child that the order be made. The statutory grounds for dispensing with parental consent were met. Direct contact with the respondents was not in the child's best interests.

Court Disposition

Permanence order with authority to adopt granted; all parental responsibilities and rights of the respondents extinguished; no direct contact ordered.

Orders

  • Permanence order granted in respect of HSW under s.80 Adoption and Children (Scotland) Act 2007
  • All parental responsibilities and rights of CM and MW extinguished