AB and CD, Re Nobile Officium [2015] ScotCS CSIH_25 (27 March 2015)

AB and CD, Re Nobile Officium [2015] ScotCS CSIH_25 (27 March 2015)

The conduct of the petitioners, senior social workers, did not amount to contempt of court as they acted in good faith, motivated by the welfare of the children, and referred the issue to the Children’s Hearing; there was no deliberate defiance or lack of respect for the court’s authority.

Citation
[2015] ScotCS CSIH_25
Parties
Petitioner: AB; Petitioner: CD; Complainant: Mother of the children; Respondent: Sheriff
Jurisdiction
Scotland
Judgment Date
27 March 2015
Procedural Posture
Petition to Nobile Officium / Appeal Against Finding of Contempt of Court
Outcome
Sheriff’s finding of contempt quashed; petitioners exonerated.
Legal Topics
Supervision Requirements, Contact Orders, Children's Hearing, Professional Conduct of Social Workers, Court Procedure for Contempt
Family Law Child Welfare Contempt of Court Supervision Requirements Contact Orders Children's Hearing Professional Conduct of Social Workers Court Procedure for Contempt

Case Brief

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Parties

AB

Petitioner

CD

Petitioner

Mother of the children

Complainant

Sheriff

Respondent

Procedural Posture

Petition to Nobile Officium / Appeal Against Finding of Contempt of Court

Legal Issues

  1. 1 Whether failure by social workers to comply with a court order for weekly contact amounted to contempt of court
  2. 2 Proper procedure for contempt proceedings when process is no longer live
  3. 3 Role of motive and professional judgment in contempt findings

Ratio Decidendi

The conduct of the petitioners, senior social workers, did not amount to contempt of court as they acted in good faith, motivated by the welfare of the children, and referred the issue to the Children’s Hearing; there was no deliberate defiance or lack of respect for the court’s authority.

Court Disposition

Sheriff’s finding of contempt quashed; petitioners exonerated.

Orders

  • Interlocutor of 16 December 2013 quashed
  • No penalty imposed