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Court orders return of new baby | Court orders return of new baby |
(about 1 hour later) | |
A teenage mother has been reunited with her baby after the child was taken by social services without a court order. | |
The boy was taken two hours after he was born to the 18-year-old, who had just left the care of Nottingham social services. | |
Hours later, Mr Justice Munby at the High Court said no baby could be removed "as the result of a decision taken by officials in some room". | Hours later, Mr Justice Munby at the High Court said no baby could be removed "as the result of a decision taken by officials in some room". |
The woman's solicitor Stuart Luke said she would lodge a claim for damages. | The woman's solicitor Stuart Luke said she would lodge a claim for damages. |
'Birth plan' | 'Birth plan' |
He said she faced the prospect of "an application by the local authority social services for an interim care order, which will be vigorously contested". | He said she faced the prospect of "an application by the local authority social services for an interim care order, which will be vigorously contested". |
Mr Justice Munby said that without the appropriate order and given that the mother was still in hospital, mother and child should be reunited. | Mr Justice Munby said that without the appropriate order and given that the mother was still in hospital, mother and child should be reunited. |
Describing the situation as "most unfortunate", he said officials involved in the case "should have known better". | Describing the situation as "most unfortunate", he said officials involved in the case "should have known better". |
The boy was born healthy and taken from his mother about two hours after his birth without an order having been made. | The boy was born healthy and taken from his mother about two hours after his birth without an order having been made. |
Mr Luke, from the firm Bhatia Best, said: "Mother and child were reunited 46 minutes after Mr Justice Munby's order at 1209 (GMT)." | |
Hospital staff were apparently shown a "birth plan" prepared by local authority social services. | Hospital staff were apparently shown a "birth plan" prepared by local authority social services. |
'Unfortunate removal' | 'Unfortunate removal' |
The plan said the mother, who had a troubled childhood and suffered from mental health problems, was to be separated from the child, and no contact allowed without supervision by social workers. | The plan said the mother, who had a troubled childhood and suffered from mental health problems, was to be separated from the child, and no contact allowed without supervision by social workers. |
The judge said the removal of a child could only be lawful if a police constable was taking action to protect a child, or there was a court order in place. | The judge said the removal of a child could only be lawful if a police constable was taking action to protect a child, or there was a court order in place. |
Mr Luke said the mother would be making a claim for damages against social services officials "arising out of the unfortunate removal of her child without lawful authority shortly after his birth". | Mr Luke said the mother would be making a claim for damages against social services officials "arising out of the unfortunate removal of her child without lawful authority shortly after his birth". |
The judge ordered the council to prepare a comprehensive plan setting out their proposals to assist the mother as she had recently left local authority care, by no later than 8 February. | The judge ordered the council to prepare a comprehensive plan setting out their proposals to assist the mother as she had recently left local authority care, by no later than 8 February. |