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The Sheriff, having heard parties, and the Safeguarder, on the Appeals by MH against the decisions of the Children's Hearing on 20 th August 2010 in relation to the children JY and SY, allows the Appeal in the case of each of said children quoad the decision not to regard MH as relevant person; THEREFORE remits the matter to the Children's Hearing for reconsideration, particularly in respect of its decision that the said children should have no contact with MH.
These are appeals by MH against decisions of the Children's Hearing made on 20th August 2010 in respect of the children JY and SY. MH is the children's grandmother. I heard the appeals together, as one appeal, on 20th of October 2010. The Reporter to the Children's Hearing was represented by Mrs Scullion. The Appellant was represented by Mrs O'Neill, Solicitor. The Safeguarder for the children, Miss Henderson, also appeared.
The appeal is against the decision of the Hearing to refuse to regard the Appellant as a relevant person as defined in section 93(2) of the Children ( Scotland ) Act 1995 ("The 1995 Act"), and therefore as a person entitled to attend and make representations at Children's Hearings in respect of the children in question. The appeal is also against the decision of the Hearing, in continuing the supervision requirement in respect of said children, that the children should have no contact with the Appellant.
I was informed at the outset of the appeal hearing that if the appeal were successful on the first of these issues, namely whether or not the Appellant falls to be regarded as a relevant person, then it was agreed among the parties that in each case the matter should be remitted to the Children's Hearing for reconsideration of the second issue, namely whether the children should have contact with their grandmother, the Appellant. I was therefore not asked to, and did not, consider whether or not the Children's Hearing's decision to terminate contact was justified.
It was not necessary at the hearing of the appeal to hear evidence. The relevant facts of the matter were agreed, in terms of a Joint Minute of Admissions. The facts agreed were as follows: --
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