Kenneth Campbell QC and Nicola Gilchrist have successfully acted for the respondent mother in a local authority’s appeal against the Sheriff’s decision to refuse to grant a permanence order with authority to adopt. Nicola appeared for the mother at first instance at Airdrie Sheriff Court in March 2017. For a permanence order to be granted the petitioner must show that it would be seriously detrimental to the child’s welfare for the child to reside with their birth parents (the so called threshold test) and, secondly, that the granting of the order was necessary. The Sheriff held that the threshold test had been met but that the local authority had not shown that it was necessary to grant the orders sought. The local authority appealed to the Sheriff Appeal Court who refused the appeal. The Bench held that the local authority had not satisfied the court that nothing less than adoption would do and there were other avenues that they could explore to try and preserve the family.
The decision can be found here: http://scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2017-sac-(civ)-038.pdf?sfvrsn=0
Kenneth Campbell QC and Nicola Gilchrist