Petition of City of Edinburgh Council for a permanence order with ancillary provisions and authority for the child to be adopted in terms of section 80 of the Adoption and Children (Scotland) Act 2007 In respect of the child X (Court of Session) [2026] SCOH 1 (13 January 2026)

Petition of City of Edinburgh Council for a permanence order with ancillary provisions and authority for the child to be adopted in terms of section 80 of the Adoption and Children (Scotland) Act 2007 In respect of the child X (Court of Session) [2026] SCOH 1 (13 January 2026)

The court found that the statutory threshold for a permanence order was met: residence with the respondent would be seriously detrimental to the child's welfare due to his profound neurodivergence and high care needs, which the respondent could not meet. The welfare of the child, as the paramount consideration, required permanence and adoption with the current carers. Procedural irregularities did not vitiate the substantive statutory tests. Dispensing with the respondent's consent to adoption was necessary to safeguard and promote the child's welfare throughout his life.

Citation
[2026] SCOH 1
Parties
Petitioner: City of Edinburgh Council; Respondent: X's mother (name withheld)
Jurisdiction
Scotland
Judgment Date
13 January 2026
Procedural Posture
Permanence Order With Authority to Adopt (adoption and Children (scotland) Act 2007, S.80) / Final Judgment After Proof
Outcome
Permanence order with authority to adopt granted; respondent's consent dispensed with.
Legal Topics
Permanence Orders, Adoption, Parental Rights and Responsibilities, Dispensing With Parental Consent, Child Welfare, Neurodivergence and Special Needs, Procedural Irregularity
Family Law Child Law Permanence Orders Adoption Parental Rights and Responsibilities Dispensing With Parental Consent Child Welfare Neurodivergence and Special Needs +1 more

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Parties

City of Edinburgh Council

Petitioner

X's mother (name withheld)

Respondent

Procedural Posture

Permanence Order With Authority to Adopt (adoption and Children (scotland) Act 2007, S.80) / Final Judgment After Proof

Legal Issues

  1. 1 Whether the statutory threshold for a permanence order (serious detriment to child's welfare if residing with parent) is met
  2. 2 Whether the welfare of the child requires dispensing with the respondent's consent to adoption
  3. 3 Whether procedural irregularities in the accommodation and placement process affect the lawfulness of the orders sought

Ratio Decidendi

The court found that the statutory threshold for a permanence order was met: residence with the respondent would be seriously detrimental to the child's welfare due to his profound neurodivergence and high care needs, which the respondent could not meet. The welfare of the child, as the paramount consideration, required permanence and adoption with the current carers. Procedural irregularities did not vitiate the substantive statutory tests. Dispensing with the respondent's consent to adoption was necessary to safeguard and promote the child's welfare throughout his life.

Court Disposition

Permanence order with authority to adopt granted; respondent's consent dispensed with.

Orders

  • Permanence order made in favour of City of Edinburgh Council with ancillary provisions extinguishing respondent's parental rights and responsibilities except contact as specified.
  • Authority granted for the child to be adopted by A and B.