31/01/2008

New-born Baby Put Into Foster Care

A newborn baby taken from his 18-year-old mother must remain in local authority foster care while further inquires are made, a judge has ruled.

The baby was taken from the teenager just hours after conception after hospital staff were presented with a ‘birth plan’ by social services. The plan said the mother, who had a troubled childhood and suffers from mental health problems, was to be separated from the child, and no contact would be allowed without supervision by social workers.

High Court Judge Mr Justice Munby ruled that a baby cannot be removed "as the result of a decision taken by officials in some room" and ordered that the 18-year-old be reunited with her son.

Mr Justice Munby on Wednesday described the situation as "most unfortunate" and said officials "should have known better". He said removal of a child can only be lawful if a police constable is taking action to protect a child, or there is a court order in place.

On Thursday the council made an application for an interim care order in front of a district judge at Nottingham County Court.

Stuart Luke, from the firm Bhatia Best, is the teenager's lawyer and has previously said his client planned to "vigorously contest" the council's application.

He added that she would launch a claim for damages against social services officials "arising out of the unfortunate removal of her child without lawful authority shortly after his birth".



(GC)


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