ABERDEENSHIRE COUNCIL v. T.W. & J.W. [2011] ScotSC 106 (02 June 2011)

ABERDEENSHIRE COUNCIL v. T.W. & J.W. [2011] ScotSC 106 (02 June 2011)

The sheriff principal found that the sheriff had misdirected himself in law and was plainly wrong in refusing the permanence order. The evidence established that residence with the respondents would be seriously detrimental to CW's welfare and that the respondents were unable and likely to continue to be unable to discharge parental responsibilities. The paramount consideration was CW's welfare, which required permanence, stability, and continuity, best achieved by granting the order and clearing the way for adoption by the prospective adoptive parents. A further kinship care assessment was unnecessary and would risk significant harm to CW by delaying permanence.

Citation
[2011] ScotSC 106
Parties
Petitioners and Appellants: Aberdeenshire Council; Respondent: TW; Respondent: JW
Jurisdiction
Scotland
Judgment Date
02 June 2011
Procedural Posture
Appeal (adoption/permanence Order) / Judgment on Appeal From Sheriff's Refusal of Permanence Order
Outcome
Appeal allowed; permanence order and authority for adoption granted; sheriff's interlocutor recalled.
Legal Topics
Adoption, Permanence Orders, Parental Rights and Responsibilities, Child Welfare, European Convention on Human Rights Article 8
Family Law Child Law Adoption Permanence Orders Parental Rights and Responsibilities Child Welfare European Convention on Human Rights Article 8

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Parties

Aberdeenshire Council

Petitioners and Appellants

TW

Respondent

JW

Respondent

Procedural Posture

Appeal (adoption/permanence Order) / Judgment on Appeal From Sheriff's Refusal of Permanence Order

Legal Issues

  1. 1 Whether the sheriff erred in law in refusing a permanence order for the child CW under the Adoption and Children (Scotland) Act 2007
  2. 2 Whether the conditions for dispensing with parental consent to adoption were met
  3. 3 Whether the welfare of the child required the making of a permanence order and authority for adoption

Ratio Decidendi

The sheriff principal found that the sheriff had misdirected himself in law and was plainly wrong in refusing the permanence order. The evidence established that residence with the respondents would be seriously detrimental to CW's welfare and that the respondents were unable and likely to continue to be unable to discharge parental responsibilities. The paramount consideration was CW's welfare, which required permanence, stability, and continuity, best achieved by granting the order and clearing the way for adoption by the prospective adoptive parents. A further kinship care assessment was unnecessary and would risk significant harm to CW by delaying permanence.

Court Disposition

Appeal allowed; permanence order and authority for adoption granted; sheriff's interlocutor recalled.

Orders

  • Permanence order made in respect of CW under s.80(1) of the 2007 Act.
  • Parental responsibilities and rights vested in Aberdeenshire Council and prospective adoptive parents as specified.