Kate Dowdalls QC successfully opposed an appeal to the Sheriff Appeal Court by the parents of an 11 year old girl against the granting of a Permanence Order. In the case of CE and EE v Glasgow City Council the parents argued, inter alia, that the sheriff had failed to give adequate reasons for his decision, had attached excessive weight to evidence relating to a Facebook post by the mother that appeared to condone physical chastisement of children, had applied a reverse onus of proof and had placed undue reliance on the views of the child, including as to the question of contact. The father also argued that delay in bringing the application had resulted in the child’s views becoming entrenched. The Sheriff Appeal Court refused the appeal, finding that the sheriff’s evaluation of the evidence could not be faulted, that the appellants’ argument that he had applied a reverse onus of proof was devoid of merit and that it could detect no error in the sheriff’s reasoning in relation to the matter of contact.
The decision can be found here: http://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2018sacciv3.pdf?sfvrsn=0
Kate Dowdalls QC