Adoption and permanence order: whether parental consent should be dispensed with and permanence order with authority for adoption granted; contact.
Plumtree, Alexandra
Orkney Island Council v H and H Sheriffdom of Grampian, Highland
and Islands at Kirkwall Sheriff Valerie Johnston 9 October 2011
This was an application for a permanence order with authority for
adoption for a child whose parents had learning difficulties. After most
of the evidence had been led, the parents withdrew their opposition to
adoption, merely seeking direct contact. The sheriff granted the
permanence order with authority for adoption, and indicated that she
would have dispensed with parental consent on the evidence heard, if the
parents had not agreed. The sheriff included an ancillary provision
giving annual direct contact to the parents, as well as indirect
contact.
Dundee City Council v DG Sheriffdom of Tayside, Central and Fife at
Dundee Sheriff GA Way 6 February 2012
This application for a permanence order with authority for adoption
was granted, including ancillary provisions for direct and indirect
contact. The sheriff found that the mother was able satisfactorily to
discharge her parental responsibilities and rights, in terms section
83(3) of the 2007 Act, and therefore did not dispense with parental
consent to adoption on that ground. However, he did dispense with the
mother's consent on the basis that the child's welfare
otherwise required it, in terms of section 83(2)(d) of the 2007 Act. The
sheriff also made various remarks about contact issues generally; and
commented on the petitioners' internal adoption agency procedures,
including his expectation that birth parents should be invited to
adoption panels.
Alexandra Plumtree, Legal Consultant at BAAF's Scottish
Centre, prepared these notes