An Angus dad who allowed his four-year-old daughter to live in a house littered with drug paraphernalia, dog dirt and mouldy food has been spared prison.
Sheriff Gregor Murray said it was “with a degree of hesitation” that he would not send the 26-year-old behind bars, after describing him as having “taken the rap” for an offence with which his former partner was also charged.
The father admitted a charge under the Children and Young Persons (Scotland) Act of wilfully neglecting the youngster at a house in Arbroath in August 2014 in a manner likely to cause her unnecessary suffering by allowing the girl to live in an unsafe environment.
The charge specified that there was dog excrement on the floors of the house, a dirty toilet unfit for use, cut up aluminium cans, a knife and drug paraphernalia, clothes and broken glass on the floor, mouldy food lying around and scissors accessible to the child.
Defence solicitor Lynne Sturrock told Forfar Sheriff Court the couple were no longer together.
The youngster had been temporarily removed from the home after the offence came to light and the accused has not returned there.
She said her client was a “very anxious person” and social work reports had clearly identified underlying mental health issues.
Sheriff Murray told the father: “There are several things I need to make clear to you.
“First of all I regard this offence as being very serious. Secondly, to use the vernacular, you are taking the rap for this.”
He described photographs of the house as “overwhelming evidence” of the state of the home.
The sheriff added: “It is not that you didn’t love your daughter or provide things for her to play with, it’s just that the conditions you were living in at the time were absolutely awful. I am prepared, with a degree of hesitation, not to impose a custodial sentence.”
He imposed a one-year community payback order including 100 hours unpaid work.
The sheriff added: “The number of hours are significantly less than I would ordinarily impose because of your difficulties.”