Locality Reporter, Stirling v KR

Parent and child – Child protection – Children's referral – Grounds of referral – Ill treatment. Sheriff Court: In a case which concerned a 4-year-old child, whose mother had struck her with a single blow to the head, in which the issue was whether a ground of referral had been established that in terms of s 67(2)(b) of Children's Hearings (Scotland) Act 2011 a 'Schedule 1 offence' had been committed in respect of the child, the court held that the single blow was capable of amounting to ill-treatment for the purposes of s 12 of the Children and Young Persons (Scotland) Act 1937, however there was no evidence to show any suffering on the part of the child and there could therefore be no finding of a likelihood of causing unnecessary suffering: accordingly the mother could not be said to have committed a Schedule 1 offence and the ground of referral had not been established.

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