Perth and Kinross Council, Re Permanance Order [2017] ScotCS CSOH_101 (14 July 2017)

Perth and Kinross Council, Re Permanance Order [2017] ScotCS CSOH_101 (14 July 2017)

The court found that the statutory threshold for permanence orders and authority to adopt was met for all four children. The evidence established that residence with the respondents was seriously detrimental to the children's welfare, that the children had made significant progress in foster care, and that rehabilitation was not feasible. The welfare of the children required the extinguishing of parental responsibilities and rights and termination of contact.

Citation
[2017] ScotCS CSOH_101
Parties
Petitioner: Perth and Kinross Council; First Respondent: LWAH; Second Respondent: RRH
Jurisdiction
Scotland
Judgment Date
14 July 2017
Procedural Posture
Petition for Permanence Order and Permanence Order With Authority to Adopt / Final Judgment After Proof
Outcome
Permanence orders granted for RSH; permanence orders with authority to adopt granted for CMH, MRH, and AJH; parental responsibilities and rights extinguished; contact terminated.
Legal Topics
Permanence Order, Authority to Adopt, Parental Responsibilities and Rights, Child Welfare, Threshold Test
Family Law Child Protection Permanence Order Authority to Adopt Parental Responsibilities and Rights Child Welfare Threshold Test

Case Brief

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Parties

Perth and Kinross Council

Petitioner

LWAH

First Respondent

RRH

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the statutory threshold for granting permanence orders and authority to adopt is met for each child
  2. 2 Whether parental responsibilities and rights should be extinguished
  3. 3 Whether contact between children and parents should be terminated

Ratio Decidendi

The court found that the statutory threshold for permanence orders and authority to adopt was met for all four children. The evidence established that residence with the respondents was seriously detrimental to the children's welfare, that the children had made significant progress in foster care, and that rehabilitation was not feasible. The welfare of the children required the extinguishing of parental responsibilities and rights and termination of contact.

Court Disposition

Permanence orders granted for RSH; permanence orders with authority to adopt granted for CMH, MRH, and AJH; parental responsibilities and rights extinguished; contact terminated.

Orders

  • Permanence order in respect of RSH under section 80 of the Adoption and Children (Scotland) Act 2007
  • Permanence orders with authority to adopt in respect of CMH, MRH, and AJH under section 80 and 83 of the Adoption and Children (Scotland) Act 2007