It is most appropriate and right that the Court of Session
in Scotland has overturned a ruling by a sheriff court that social workers were
in contempt of court for not enforcing a contact order. The Herald reports that
an Edinburgh social worker and her manager had initially followed the sheriff's
order to resume contact but because it was causing the children great distress they
decided to cease contact. They asked for a children's hearing to consider that
decision. Administrative delays meant that the hearing did not take place for
several months. Subsequently the sheriff ruled that the social workers were in
contempt of court.
The principal of family justice that should permeate all
children’s hearings should be that the best interests and rights of the child
are paramount. Nobody who acts in a child’s best interests should be subject to
censure or punishment. I am delighted to see that the Court of Session has made
an appropriate and much welcomed decision.
