K.A.H. (A Child) [2011] ScotSC 3 (20 January 2011)

K.A.H. (A Child) [2011] ScotSC 3 (20 January 2011)

The court found that both R and M have been unable satisfactorily to discharge their parental responsibilities or exercise their parental rights and are likely to continue to be unable to do so. The welfare of K required the making of a Permanence Order with authority to adopt, and the consent of R and M should be dispensed with. The assessment process was not fatally flawed, and the evidence supported the petitioner's case. It would be seriously detrimental to K's welfare to remain with her birth parents or in her current temporary placement.

Citation
[2011] ScotSC 3
Parties
Petitioner: East Lothian Council; Subject: K. A. H. (a child); Respondent: R (natural father); Respondent: M (natural mother)
Jurisdiction
Scotland
Judgment Date
20 January 2011
Procedural Posture
Permanence Order Petition / Judgment After Proof
Outcome
Permanence Order granted with authority to adopt; parental rights and responsibilities of R and M extinguished except for annual letterbox contact; supervision requirement revoked; no expenses awarded.
Legal Topics
Permanence Order, Dispensation of Parental Consent, Child Welfare, Parental Rights and Responsibilities, Supervision Requirement, Authority to Adopt
Family Law Child Protection Adoption Law Permanence Order Dispensation of Parental Consent Child Welfare Parental Rights and Responsibilities Supervision Requirement +1 more

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Parties

East Lothian Council

Petitioner

K. A. H. (a child)

Subject

R (natural father)

Respondent

M (natural mother)

Respondent

Procedural Posture

Permanence Order Petition / Judgment After Proof

Legal Issues

  1. 1 Whether a Permanence Order should be made in respect of K under Section 80 of the Adoption and Children (Scotland) Act 2007
  2. 2 Whether the consent of the birth parents to adoption should be dispensed with
  3. 3 Whether the welfare of the child requires the making of the order and dispensation of consent

Ratio Decidendi

The court found that both R and M have been unable satisfactorily to discharge their parental responsibilities or exercise their parental rights and are likely to continue to be unable to do so. The welfare of K required the making of a Permanence Order with authority to adopt, and the consent of R and M should be dispensed with. The assessment process was not fatally flawed, and the evidence supported the petitioner's case. It would be seriously detrimental to K's welfare to remain with her birth parents or in her current temporary placement.

Court Disposition

Permanence Order granted with authority to adopt; parental rights and responsibilities of R and M extinguished except for annual letterbox contact; supervision requirement revoked; no expenses awarded.

Orders

  • Makes a Permanence Order in favour of the petitioner under Section 80 of the Adoption and Children (Scotland) Act 2007 in relation to K.
  • Vests the petitioner with parental responsibilities and rights as specified in Sections 81 and 82 of the Act.