Sloan v B [1991] ScotCS CSIH_4 (12 June 1991)

Sloan v B [1991] ScotCS CSIH_4 (12 June 1991)

The sheriff was not entitled to dismiss the applications as incompetent without hearing evidence, as procedural defects in the children's hearing could be remedied and did not render the applications fatally flawed. The statutory scheme requires evidence to be heard unless the grounds for referral are incapable of being established as a matter of law.

Citation
[1991] ScotCS CSIH_4
Parties
Appellant: Sloan; Respondent: B
Jurisdiction
Scotland
Judgment Date
12 June 1991
Procedural Posture
Appeal by Stated Case Under Sec. 50 of the Social Work (scotland) Act 1968 / Court of Session Appellate Review of Sheriff's Dismissal of Applications Under Sec. 42
Outcome
Appeal allowed; sheriff's dismissal of applications reversed
Legal Topics
Children's Hearings, Compulsory Measures of Care, Procedural Competency, Judicial Review, Natural Justice
Family Law Child Protection Administrative Law Children's Hearings Compulsory Measures of Care Procedural Competency Judicial Review Natural Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Sloan

Appellant

B

Respondent

Procedural Posture

Appeal by Stated Case Under Sec. 50 of the Social Work (scotland) Act 1968 / Court of Session Appellate Review of Sheriff's Dismissal of Applications Under Sec. 42

Legal Issues

  1. 1 Whether sheriff was entitled to dismiss applications under sec. 42 as incompetent due to procedural defects
  2. 2 Whether procedural irregularities in children's hearing render subsequent applications fatally flawed
  3. 3 Whether sheriff can deal with competency without hearing evidence

Ratio Decidendi

The sheriff was not entitled to dismiss the applications as incompetent without hearing evidence, as procedural defects in the children's hearing could be remedied and did not render the applications fatally flawed. The statutory scheme requires evidence to be heard unless the grounds for referral are incapable of being established as a matter of law.

Court Disposition

Appeal allowed; sheriff's dismissal of applications reversed

Orders

  • Sheriff's interlocutor recalled
  • Guidance issued to sheriffs and children's hearings on procedural competency