L.A.B. & S.P. v. THE AUTHORITY REPORTER

The Sheriff Principal, having resumed consideration of the cause, Answers the three questions contained in the stated case in the negative and Remits the case to the sheriff to proceed as accords.

[1] This is an appeal against the decision of the sheriff to refuse an appeal under Section 51(1) of the Children ( Scotland ) Act 1995 (hereinafter "the Act"). Mr Munro, solicitor, appeared on behalf of the first named appellant, the mother of the children, Mr Brown, solicitor, appeared on behalf of the second named appellant, the father of three of the children, and although not the biological father of one child treats the child as his own. Mr Dickson, solicitor, appeared for the Reporter and Mr Martin, solicitor, appeared as curator ad litem for the children.

[3] Mr Munro narrated the whole background to me and as far as I can tell from my notes the position he narrated is entirely consistent with paragraphs 11 to 17 inclusive in the sheriff's stated case which I adopt and repeat herein:-

"[11] D, L and J were residing with the appellants in July 2008 following the birth of J. In October 2008, the appellants noticed bruising to J's head and this was drawn to the attention of representatives of the social work department who determined that he should be medically examined at Yorkhill Hospital . A scan revealed bilateral subdural haematoma for which there was no apparent medical reason. It was considered that it was likely that the injury was caused by some trauma and no adequate reason had been put forward to account for it."

[12] J was voluntarily accommodated by the social work department but thereafter was subject to a child protection order when consent was withdrawn in December 2008 and he has remained in foster care since that time.