Mr And Mrs P Against Ld, Sw And Jd
| Jurisdiction | Scotland |
| Judge | Sheriff Aisha Y Anwar |
| Neutral Citation | [2016] SC GLA 56 |
| Court | Sheriff Court |
| Date | 20 July 2016 |
| Docket Number | SN035/14 |
| Published date | 24 August 2016 |
SHERIFFDOM OF GLASGOW AND STRATHKELVIN AT GLASGOW
[2016] SC GLA 56
SN035/14
JUDGMENT OF SHERIFF AISHA Y ANWAR
in the cause
MR AND MRS P
Petitioners
against
LD
First Respondent
SW
Second Respondent
and
JD
Third Party Minuter
Act: Mr Thomson, solicitor
Alt: Mr Allison, solicitor (First Respondent)
Ms Rahman and Mr Mallon, solicitors (Second Respondent)
Ms Doyle, solicitor (Third Party Minuter)
GLASGOW, 20 July 2016. The sheriff having resumed consideration of the cause, Finds the following facts admitted or proved:
(1) The petitioners are a married couple resident in the jurisdiction of the court. They have applied to adopt the child C, born January 2012.
(2) The first respondent, LD, is 23 years of age. She is the child’s natural mother and holds full parental rights and responsibilities in respect of the child. The second respondent, SW, is 34 years of age. He is the child’s natural father. He does not hold any parental rights or responsibilities in respect of the child. The minuter, JD, is 44 years of age. She is the maternal grandmother of the child. She does not hold any parental rights or responsibilities in respect of the child.
(3) LD was raised by JD. LD does not have a relationship with her natural father. LD has a female half sibling, ND aged 14. LD was subjected to bullying at school as a result of which she truanted. She was placed on a supervision order by a Children’s Hearing from September 2007 until November 2008. For a short period, until the age of 16, Social Work Services provided support to LD focusing on anger management work, education and her relationship with her mother.
(4) LD entered into a relationship with SW when she was 17. That relationship endured for approximately two years.
(5) At the age of 18, in October 2010, LD was made subject to a 12 month Probation Order following convictions for breach of the peace and police assault. During the Probation Order, Social Work Services provided support to LD focussing on her anger management difficulties. LD successfully completed her Probation Order in September 2011.
(6) In 2011, LD became pregnant. LD had a difficult pregnancy and suffered ill‑health. SW did not visit LD during her pregnancy.
(7) Following her birth in January 2012, C was discharged into LD’s care. She resided with LD, JD and ND, in JD’s home.
(8) On 25 January 2012, Social Work Services received a referral from C’s health visitor. The health visitor reported to social workers that she was concerned for the welfare of both C and ND due to (a) JD and LDs’ volatile behaviour during her meeting with them at JD’s home on 25 January 2012 and (b) LD’s refusal to provide information to the health visitor regarding C’s paternity (19/7 and 19/8 of process).
(9) Police officers have attended at JD’s home on a number of occasions in relation to altercations between LD and JD. The altercations between LD and JD have been verbal and physical in nature and have taken place while C has been present within the home. JD and LD have been aggressive, abusive and confrontational with each other. Frequently, the altercations have related to LD’s care of C.
(10) On 28 May 2012, JD requested police attendance at her home. JD had been assaulted by LD.
(11) On 2 July 2012, Social Work Services received a referral from local police (19/10 of process). Officers advised that they had attended JD’s home following a report of an altercation between LD and JD. The child C was present. JD told officers that she wanted LD and the child C to leave her home. Police officers removed LD and the child. Homeless accommodation was acquired for the night for LD and the child, however, LD deemed this to be unsuitable and stayed overnight at a local hotel instead.
(12) On 3 July 2012, LD and the child moved to reside within temporary accommodation.
(13) On 6 July 2012, LD left her temporary accommodation with C, to stay at the home of a friend.
(14) LD and C returned to reside with JD on or around 25 July 2012.
(15) On 26 July 2012, a social worker attended JD’s home. JD advised the social worker that she was concerned about the way that LD was speaking to the child C, and that previously, LD had thrown the child on to a bed and demanded that JD take care of the child.
(16) On 26 July 2012, a public health nurse attended JD’s home and met with LD and the child. The nurse submitted a referral to the Social Work Department (19/11 of process). The referral records that LD had told the nurse that “a few days ago, she wanted to kill C”. The referral records that LD had used illicit drugs. The referral records that the nurse felt the child was at risk of significant harm.
(17) Between August and October 2012, social workers sought to provide LD with assistance. In particular, Social Work Services funds were procured to allow LD to purchase provisions for C. LD was assisted to pursue alternative housing through the Local Authority. She failed to attend for housing appointments. Social workers also recommended that LD access the advice, support and guidance available to parents at a Family Centre. They made a referral for her to do so. She refused to do so (19/4/171 of process). LD advised social workers that she had been told by JD not to allow social workers into JD’s home. JD did not wish LD to attend the Family Centre recommended by Social Work Services (19/4/170 of process).
(18) On the evening of 29 October 2012, LD and JD argued. The argument related to LD’s care of C. C was present within JD’s home. LD was verbally abusive. LD smashed items of furniture within JD’s home. JD contacted police officers. LD again left JD’s home with the child C, to reside with one of LD’s friends.
(19) On 30 October 2012, JD contacted Social Work Services. JD reported that LD had shouted and sworn at the child. JD reported that LD had shouted at the child to “shut the **** up or I will smother you”. JD reported that LD was spending money on cannabis leaving JD to buy provisions for the child. That evening, LD returned with the child to JD’s home in order to collect some possessions. Police officers attended JD’s home. JD advised LD that she had contacted Social Work Services and had told them that LD could not care for C. LD believed that Social Work Services were intending to remove the child from her care. LD made a superficial cut to her wrist. Emergency social workers attended at JD’s home. It was agreed that JD would assume responsibility for the care of the child during the night of 30 October 2012. Ambulance staff attended at JD’s home, but LD declined to attend hospital with them.
(20) On 31 October 2012, social workers attended JD’s home. JD and LD shouted and screamed at each other in the presence of the child. Neither JD nor LD was able to refrain from doing so despite the intervention and presence of social workers. The child, C was unresponsive to the level of hostility displayed in her presence. LD attempted to self-harm by using a kitchen knife to cut her wrists.
(21) An application was made by Social Work Services for a child protection order (“CPO”) on 31 October 2012 (item 9/14). A CPO was granted at Hamilton Sheriff Court (16/1/5 of process). The sheriff ordered that C be accommodated by the local authority and placed with foster carers. The sheriff ordered that the locality of the place of safety should not be disclosed to LD and directed that LD’s contact with the child be at the discretion of Social Work Resources.
(22) Later that day, social workers attended to serve the CPO and to remove C. JD refused entry to her home. Police assistance was requested. Access was gained to the house. JD took C into a bathroom and refused to allow the workers and officers’ entry. LD had a large knife and threatened to self-harm. JD and LD required to be physically restrained by police officers and back up police support required to be requested.
(23) On 2 November 2012, a Children’s Hearing was convened in respect of the child. The hearing decided to continue the CPO with directions inter alia that LD and the child have contact a minimum of three times per week for one hour, supervised by Social Work Resources.
(24) On 9 November 2012, a Child Care Review was convened in respect of C. LD did not attend.
(25) A care plan was devised on 9 November 2012 (19/15 of process). The care plan noted that LD required inter alia one to one parenting advice, a referral to the Substance Misuse Team and a referral to the Community Psychiatric Nurse. It also noted that LD required to attend housing appointments.
(26) On 12 November 2012, a Children’s Hearing was convened in respect of the child and directed the Reporter to make an application to the sheriff for a finding in relation to grounds for referral. The hearing issued a Place of Safety Warrant in terms of section 66(1) of the Children (Scotland) Act 1995 and ordered the non-disclosure of the child’s address to LD. The panel made it a condition of the warrant that the child have contact with LD a minimum of three times per week for one hour, supervised by Social Work Services.
(27) On 3 December 2012, a Children’s Hearing convened and renewed the place of safety warrant with the same conditions.
(28) On 13 December 2012, a Looked After and Accommodated Child Review Meeting (“LAAC Review”) convened in respect of C. LD did not attend. The social worker’s report for the LAAC Review recorded inter alia that a referral to the Substance Misuse Team had been made for LD but she had not engaged with the Service and that a referral had been made to the Community Psychiatric Nurse for LD (19/23 or process). It also recorded that LD had contact with C three times a week and that C responded to the affection shown to her by LD.
(29) On 14 December 2012, grounds of referral were established at Hamilton Sheriff Court that, in terms of section 52(2)(c) of the Children (Scotland) Act 1995, C is likely (i) to suffer unnecessarily; or (ii) be impaired seriously in...
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