JM and another v Locality Reporter, Glasgow

Parent and child – Child protection – 'Wilful' ill-treatment. Court of Session: Refusing an appeal by a father from a sheriff's decision finding grounds of referral established in respect of his children, the court held that the sheriff did not err in law in holding that it was unnecessary to prove awareness of, or recklessness as to, the likelihood of causing suffering to a child in order to find established an offence of wilful ill-treatment under s 12 of the Children and Young Persons (Scotland) Act 1937, and the sheriff had been correct to find grounds based on lack of parental care established in terms of s 67(2)(a) of the Children's Hearings (Scotland) Act 2011.

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