City of Edinburgh Council v GD

Parent and child – Adoption. Court of Session: Refusing an appeal against an interlocutor of the Sheriff Appeal Court ('SAC') which made a permanence order with authority to adopt in respect of 4-year-old child, having allowed an appeal against the sheriff's interlocutor refusing to grant the order, the court held that the SAC had erred in selecting the date for the application of the threshold test in s 84(5)(c)(ii) of the Adoption and Children (Scotland) Act 2007; however, the sheriff had erred in the identification of the correct test and in wrongly assessing the significance of the 'non-accidental' injury which was caused when the child was in the custody of one or other of his parents; the SAC's analysis of that matter was correct and the threshold test had been met: furthermore the SAC had applied the correct tests on the welfare issue and had taken into account all the relevant circumstances in arriving at a pragmatic solution which would safeguard and promote the child's welfare.

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