A family of Angus children had to call for help from an open first-floor window after their mother abandoned them.
The woman appeared at Forfar Sheriff Court and admitted a charge of child neglect that a sheriff described as “about as serious as any” he had dealt with.
The accused, who cannot be named for legal reasons, avoided a jail term because the sheriff did not consider the six-month maximum sentence — which would likely reduce further with good behaviour — to be enough of a punishment.
The woman admitted wilfully exposing and abandoning three children, aged between one and eight years old, in a manner likely to expose them to suffering or injury on January 28 this year.
The children were left alone, forcing the eldest to sit on the ledge and call for help from the open window.
Defence agent Nick Whelan said he believed partial responsibility would have lain with a man his client was previously involved with.
“Her judgment was clouded by the relationship she was in at the time, which she is no longer involved in,” he said.
“I’m surprised he is not standing beside her in the dock.
“He knew what to say at the time, which both exculpated himself and incriminated her — I’m convinced of this.
“There is an alternative to custody in the social work report.”
The court heard the maximum sentence under contravention of section 12(1) of the Children and Young Persons (Scotland) Act 1937 is six months on summary complaint.
Sheriff Gregor Murray told the woman: “I make it clear to you that what you did would merit a custodial sentence.
“Any person who does what you did has committed as serious a breach of parental responsibilities as I have seen in my time on the bench.
“If I were to impose a jail sentence on you, you’d be out in a matter of weeks, which to me does not reflect the serious nature of this offence.
“I will not go into it too much in public, because there are children involved.”
The charge originally included allowing the flat to become dirty, with bin bags and rubbish blocking access to the front door, failing to provide adequate and sanitary clothing, beds and bedding, and with unstable furniture in reach of the children.
Sheriff Murray imposed a two-year community payback order as an alternative to custody, with 225 hours of unpaid work and social work supervision requirements.