Edinburgh social workers win contempt of court appeal

Two City of Edinburgh Council social workers have had their contempt of court conviction quashed by a judgment from the Court of Session on Friday.

The pair, referred to AB and CD, were orginally found guilty of contempt of court in December 2013 after they stopped a mother from seeing her estranged children.

The workers had defied a court order for the mother to have contact with her two sons on a weekly basis, worried it was causing the children emotional harm.

However, at the hearing in Edinburgh, the 2013 ruling by Sheriff Kathrine Mackie was overturned by Lord Malcolm.

He said: “In the whole circumstances the sheriff has not made any findings which justify her conclusion that the social workers’ conduct was a contemptuous affront to the dignity and authority of the court.

“It follows that she erred in making the findings of contempt in respect of AB and CD, and that her interlocutor of 16 December 2013 should be quashed.”

The two children had been seeing their mother on a monthly basis before she secured a court order allowing weekly contact in May 2013.

It was then the social workers became concerned, reporting the visits as leaving the children “distressed, distraught and at times traumatised”.

In July 2013, the social workers suspended the visits and the case was referred to the Children’s Panel for a decision on the frequency of contact.

At this point Sheriff Mackie was engaged by the mother who complained the court order was being defied, finding the social workers in contempt.

However, Lord Malcolm observed that the social worker’s acted “in good faith based on a concern for the children’s best interests”.

He added, “A decision made by the responsible social worker to suspend contact and refer the matter to the Children’s Hearing out of a genuinely held concern as to a serious risk of harm to the children cannot properly be categorised as a contempt of court.

“It is not difficult to envisage an alternative scenario in which no effective steps were taken and real and lasting harm was caused to the children, leading to the social workers being the brunt of strident criticism.”

Commenting on the decision, Michelle Miller, chief social work officer for the City of Edinburgh Council, said: “We welcome this judgement and are pleased that common sense has prevailed.

“From the outset our experienced child protection managers were motivated to act in the best interests of two vulnerable children. The past year has been very challenging for our staff and I am delighted they have been fully vindicated in the decisions they took, as has the social work profession.

“The wellbeing of vulnerable children is of paramount importance for all social work staff.”

UNISON Scotland also welcomed the ruling. John Stevenson of union’s Edinburgh branch said: “The court has recognised complex and difficult decisions social workers have to take in their work in protecting the welfare of children. We hope this decision will assist in providing some clarity for them in exercising their duty in good faith to hold the child’s interests as paramount”.

“UNISON backed our members from the beginning and we are glad that the long months of uncertainly are now over for them. We have already briefed our members throughout Scotland as this process has continued and we will further brief them on any implications for practice arising from this judgement.”

The full decision of the Court of Session can be read here:  https://www.scotcourts.gov.uk/search-judgments/judgment?id=63d8cea6-8980-69d2-b500-ff0000d74aa7