J.B. & B.J. v. THE AUTHORITY REPORTER IN THE CASE OF CHILD D AND BABY K

Act: Halley, Advocate for First named Appellant instructed by J R Rahman, Solicitors

Act: Guinnane, Advocate for Second named Appellant instructed by Messrs Livingston Brown, solicitors

The Sheriff Principal having resumed consideration of the cause answers Questions 1, 2 and 6 of the stated case in the affirmative; answers Questions 4, 5 and 7 in the negative, declines to answer Questions 3 and 8 as unnecessary; refuses the appeal and remits the cases of child D and baby K to the Sheriff in terms of section 51(14) of the Children (Scotland) Act 1995 to proceed as accords; makes no order in respect of expenses.

This case involves allegations of sexual abuse of very young children. Child D was born on 25 May 2007 and baby K on 14 February 2011. The appellants are the parents of both children.

In July 2012 the Reporter referred the cases of child D and baby K to the Children's Hearing which convened on 9 August 2012. There were, of course, separate referrals in respect of each child. The referral in respect of child D involved allegations of rape or attempted rape of the child by both mother and father during the period between 14 February 2011 and 13 July 2011. The ground of referral is in terms of section 52(2)(d) of the Children (Scotland) Act 1995 namely that: