LO, appellant

Parent and child – Adoption. Court of Session: Allowing an appeal by the natural mother of a 5-year old girl, whose kinship carers sought to adopt her, the sheriff having dispensed with the mother's consent and granted an adoption order and the sheriff principal having upheld that decision, the court held that the sheriff principal's decision could not be allowed to stand as both his and the sheriff's decisions were plainly wrong: the sheriff principal had erred in concluding that it was 'tolerably clear' that the sheriff reached the conclusion that the 'incapacity' test in s 31(4) of the Adoption and Children (Scotland) Act 2007 had been met, and had confused the findings in fact which might bear upon s 31(4) with findings in fact about general welfare considerations.

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