Ceit-Anna MacLeod of Arnot Manderson Advocates successfully resists the granting of two permanence orders

In a judgment issued in December 2013, but published for the first time today, Ceit-Anna MacLeod, who was instructed to represent the mother of two children, successfully resisted the granting of permanence orders sought by the City of Edinburgh Council. 

The opinion of Sheriff Douglas Kinloch, Advocate, can be read here:  

http://www.scotcourts.gov.uk/opinions/2014SCLIV2.html

The City of Edinburgh Council applied for permanence orders in terms of the Adoption and Children (Scotland) Act 2007, in respect of two children aged 10 and 11 who had not lived with either of their parents since July 2007. 

Before a permanence order could be granted the court required to be satisfied that the child’s residence with their mother “is, or is likely to be, seriously detrimental to the welfare of the child” in terms of section 84(5)(c) of the 2007 Act.

Finding that the serious detriment test was not satisfied in relation to either of the children, the court refused both applications for permanence orders.

Sheriff Kinloch summarised the court’s reasoning at paragraph [57] of his opinion: “I have come to the conclusion that the mother’s situation appears to be stable, the children are not as close to [their carers] as the social workers think, are closer to their mother than it may appear, wish to live with her, they see her and their father regularly, and it is important also that it is not proposed by anyone that the children would simply be uprooted suddenly from the care of [their carers] and placed with [their mother].  All, including the mother, agree that matters would have to proceed very slowly and cautiously, with the children having some initial overnight visits [with their mother], and thereafter spending gradually increasing amounts of time with their mother, before an assessment is made in respect of a possible rehabilitation into the care of their mother.”