Have a question?
033 3772 0409

Legal News

Another baby taken into care just hours after birth (9 June 2014)

Date: 09/06/2014
Duncan Lewis, Legal News Solicitors, Another baby taken into care just hours after birth

A mother with a mental health condition has had her baby taken away hours after the birth, after a judge ruled that social workers did not have to tell her what was going to happen.

The 24-year-old mother and her family were not given the opportunity to instruct lawyers to act on their behalf, reports the Daily Mail.

Cases in the Family Division of the court are often held in secret, with the details emerging later in a written ruling by the judge.

The parties at the centre of the case remain anonymous, but the judge has discretion to name local authorities or expert witnesses involved in such cases.

The council at the centre of the case – North Somerset Council – was named in the details of the case.

Mr Justice Keehan ruled that social services could keep their plan to remove the baby from the mother – who has schizophrenia and a lower than average IQ of just 63.

Mr Justice Keehan said that the decision not to inform the mother that her baby would be taken from her following the delivery was at “the extreme” of the law, but added that the step being taken was “highly exceptional”.

The decision was made because of fears that the mother might harm herself or her baby if she knew what was going to happen after the birth.

The child was born by elective Caesarean on 1 May in Bristol. North Somerset Council was granted an emergency protection hours after the birth, enabling social workers to take the baby into care.

The court imposed a gagging order on the press reporting the case until after the child had been taken into care.

It is reported that, although the mother was treated in a separate ward from her baby, she was allowed to see her child under supervision and accompanied by her mother and grandmother.

The child was discharged from the hospital on 6 May and placed with foster parents, after North Somerset Council had discounted the child’s grandmother as a “suitable” carer. Mr Justice Keehan said in court that he did not know whether the baby’s great grandmother might come forward to be the child’s carer.

The mother at the centre of the case was discharged from hospital the day after giving birth, but her mental health has deteriorated significantly following the birth and subsequent removal of her child – and she now requires the services of the crisis team at her local mental health trust.

The baby’s father has not expressed an opinion as to whether his daughter should be taken into care, the Daily Mail reports.

A spokesman for North Somerset Council said:

“Cases such as this are rarely straightforward – and the decision on whether it is best for a child to remain with its birth parents or be taken into care is never taken without extensive consideration.

“The care of a child only transfers to the council when all options have been considered and with the court’s agreement.”

Duncan Lewis Childcare Lawyers

Duncan Lewis childcare lawyers can advise on a wide range of childcare matters, including childcare proceedings in the Family Division and Court of Protection, as well as child contact and residence following divorce or judicial separation, and child abuse within the home.

Duncan Lewis is also a leading firm of Legal Aid lawyers and can advise on childcare law under UK law or Islamic law.

For expert legal advice on children law and family law, contact Duncan Lewis childcare lawyers on 020 7923 4020.

Call us now on 033 3772 0409 or click here to send online enquiry.
Duncan Lewis is the trading name of Duncan Lewis (Solicitors) Limited. Registered Office is Spencer House, 29 Grove Hill Road, Harrow, HA1 3BN. Company Reg. No. 3718422. VAT Reg. No. 718729013. A list of the company's Directors is displayed at the registered offices address. Authorised and Regulated by the Solicitors Regulation Authority . Offices all across London and in major cities in the UK. ©Duncan Lewis >>Legal Disclaimer, Copyright & Privacy Policy. Duncan Lewis do not accept service by email.