Legal News

The parents of a young mother with a mental health condition have spoken of their fight with Essex County Council to prevent their baby granddaughter being taken into care.

Katrina Parker, 39, and her husband Lee, 41, from Colchester say that Essex County Council deemed their daughter Sarah, 21, too “mentally unstable” to care for her daughter Indughter Sarah, 21, too “mentally unstable” to care for her daughter India, after her birth in November 2011.

The couple say that they were excluded from the decision-making process regarding India’s future care, however – and were within two days of losing their beloved granddaughter forever after the council initiated care proceedinia, after her birth in November 2011.

The couple say that they were excluded from the decision-making process regarding India’s future care, however – and were within two days of losing their beloved granddaughter forever after the council initiated care proceedings which would have seen India adopted by strangers.

Mr and Mrs Parker already have five children, including India’s mother, Sarah – and Mrs Parker also has two children from a previous marriage, whom Mr Parker raised as his own. The couple told the Daily Mail that it took an “exhausting” 18-month fight with the council to be made India’s legal guardians. A judgment was made in the family court 16 months ago and was enforced last August.

The couple are only able to talk about some of the details of their legal battle over their granddaughter’s care because the judge who ruled in their favour in the Family Division of the court has released a written judgment on the case.

Cases in the Family Division are usually heard in secret, with the parties remaining anonymous. Details of such cases and any ruling are only released months later.

President of the Family Division Sir James Munby QC has called for more transparency and openness in family courts, however. In February, he issued new guidance, after saying last year that he was determined to “take steps to improve access to and reporting of family proceedings”.

Duncan Lewis Family & Childcare Solicitors

Duncan Lewis family solicitors can advise on family law and childcare matters, including divorce and ancillary payments, child contact and residence, child abuse within the home and domestic violence – as well as children taken into Local Authority care and care proceedings.

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

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