Permanence order decisions failed to take holistic approach

A reminder comes from North Lanarkshire Council v KR [2018] CSIH 59 that while the test for severing the parent-child relationship is high, it is not insurmountable.

A permanence order with authority to adopt is the order a court must make if, after carrying out a careful analysis of the available options, this was considered the order which best promoted and safeguarded the child’s welfare throughout her life. The sheriff and subsequently the Sheriff Appeal Court had failed to carry out the necessary holistic evaluation or to give adequate consideration to practical considerations which went to the core of the child’s welfare.

The Inner House reiterated that further delay and unnecessarily protracted proceedings would rarely be conducive to the child’s welfare.

Click here to view the judgment.