SCOTTISH BORDERS COUNCIL v. R.T. [2009] ScotSC 178 (08 December 2009)

SCOTTISH BORDERS COUNCIL v. R.T. [2009] ScotSC 178 (08 December 2009)

The respondent persistently failed, without reasonable cause, to fulfil her parental responsibility to safeguard and promote the child's welfare, and is unreasonably withholding agreement to adoption. The welfare of the child will best be safeguarded and promoted by adoption, and it is better for the child that an order be made declaring him free for adoption.

Citation
[2009] ScotSC 178
Parties
Petitioner: Scottish Borders Council; Respondent: RT
Jurisdiction
Scotland
Judgment Date
08 December 2009
Procedural Posture
Petition for Freeing Order (adoption) / Judgment After Proof (trial)
Outcome
Order declaring the child free for adoption granted; supervision requirement terminated; no expenses due to or by either party.
Legal Topics
Adoption, Parental Responsibility, Child Welfare, Dispensing With Parental Consent, Supervision Requirement
Family Law Child Law Adoption Parental Responsibility Child Welfare Dispensing With Parental Consent Supervision Requirement

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Parties

Scottish Borders Council

Petitioner

RT

Respondent

Procedural Posture

Petition for Freeing Order (adoption) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the respondent persistently failed to fulfil parental responsibility to safeguard and promote the child's welfare under section 16(2)(c)(i) of the Adoption (Scotland) Act 1978
  2. 2 Whether the respondent is unreasonably withholding agreement to the making of an adoption order under section 16(2)(b) of the Adoption (Scotland) Act 1978
  3. 3 Whether it is in the best interests of the child to be declared free for adoption

Ratio Decidendi

The respondent persistently failed, without reasonable cause, to fulfil her parental responsibility to safeguard and promote the child's welfare, and is unreasonably withholding agreement to adoption. The welfare of the child will best be safeguarded and promoted by adoption, and it is better for the child that an order be made declaring him free for adoption.

Court Disposition

Order declaring the child free for adoption granted; supervision requirement terminated; no expenses due to or by either party.

Orders

  • The child S, born 31 December 2004, is declared free for adoption.
  • The supervision requirement imposed by the children's hearing is terminated forthwith.