In a further sign that permanence order applications continue to trouble the sheriff courts, in Fife Council v KPM [2018] SCA (Civ) 25; 2018 GWD 31-394 a sheriff was deemed to have erred in his approach to applying the threshold test.

The fallout from the Supreme Court pronouncement in West Lothian v B [2017] UKSC 15; 2017 SC (UKSC) 67 was evident again in the interpretation by the sheriff that the threshold test presented a “very high bar”. This was wrong in law. The sheriff had unreasonable expectations of the sort of evidence the local authority was required to provide.

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