ECC v GD

Parent and child – Adoption. Sheriff Appeal Court: Allowing an appeal from a sheriff's decision to refuse the appellant's application for a permanence order with authority to adopt in respect of a 4-year old boy, the court, having considered the application of the threshold test for the grant of a permanence order where a non-accidental injury to the child had been inflicted by one or other of the parents but where the petitioning authority was unable to prove which one, the correct construction of the phrase 'is . . . seriously detrimental to the welfare of the child' in the statutory provision which created the threshold test, and the legal consequences, if any, of a material change in the position of one of the parents late on in the process, held that the sheriff had erred, that it should assess the evidence itself and decide whether the order sought should be granted, and concluded that it should.

Category: