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| Version 9 | Version 10 |
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| Mother to fight bid to take baby | Mother to fight bid to take baby |
| (about 3 hours later) | |
| A teenage mother who was reunited with her newborn baby by a High Court judge is facing a social services application to take the boy away again. | A teenage mother who was reunited with her newborn baby by a High Court judge is facing a social services application to take the boy away again. |
| The baby was born to the 18-year-old, who has just left local authority care, in a Nottingham hospital on Wednesday. | The baby was born to the 18-year-old, who has just left local authority care, in a Nottingham hospital on Wednesday. |
| The judge ruled the boy was taken without a court order. The care order hearing, which was referred up to Nottingham County Court, was adjourned. | The judge ruled the boy was taken without a court order. The care order hearing, which was referred up to Nottingham County Court, was adjourned. |
| Solicitor Stuart Luke said the mother opposes any move to take the boy away. | Solicitor Stuart Luke said the mother opposes any move to take the boy away. |
| The case will resume on Friday. | The case will resume on Friday. |
| Social services are applying for an interim care order to remove the child from the mother's care. | Social services are applying for an interim care order to remove the child from the mother's care. |
| Mother and child were reunited 46 minutes after Mr Justice Munby's order Stuart Luke, mother's solicitor | Mother and child were reunited 46 minutes after Mr Justice Munby's order Stuart Luke, mother's solicitor |
| The boy was returned to his mother - who has mental health problems and was taken into care after running away from home and starting to take drugs - about nine hours after being taken by social services staff. | The boy was returned to his mother - who has mental health problems and was taken into care after running away from home and starting to take drugs - about nine hours after being taken by social services staff. |
| Mr Luke said she was also launching 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 she was also launching 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 baby was taken after staff at the hospital were shown a "birth plan" that was prepared by social workers. | The baby was taken after staff at the hospital were shown a "birth plan" that was prepared by social workers. |
| TAKING A BABY INTO CARE Concerns are raised about mother's capacity to care for yet-to-be born childPre-birth conference about six weeks prior to birthSocial workers try to agree a "birth plan" with parentsIf disagreements arise, social workers can apply for interim care order from family courtChild is taken from mother but a further court appearance may be necessary to define specific terms of conditionsLegal advice taken by both sides during the processSource: British Association of Social Workers | TAKING A BABY INTO CARE Concerns are raised about mother's capacity to care for yet-to-be born childPre-birth conference about six weeks prior to birthSocial workers try to agree a "birth plan" with parentsIf disagreements arise, social workers can apply for interim care order from family courtChild is taken from mother but a further court appearance may be necessary to define specific terms of conditionsLegal advice taken by both sides during the processSource: British Association of Social Workers |
| The plan said the mother, who had a troubled childhood, was to be separated from the child, and no contact would be allowed without supervision by social workers. | The plan said the mother, who had a troubled childhood, was to be separated from the child, and no contact would be allowed without supervision by social workers. |
| At the High Court, sitting in London, Mr Justice Munby said that "on the face of it" social services officials in Nottinghamshire had acted unlawfully because they had not obtained a court order. | At the High Court, sitting in London, Mr Justice Munby said that "on the face of it" social services officials in Nottinghamshire had acted unlawfully because they had not obtained a court order. |
| He said 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. | He said 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, from the firm Bhatia Best, said: "Mother and child were reunited 46 minutes after Mr Justice Munby's order at 1209." | Mr Luke, from the firm Bhatia Best, said: "Mother and child were reunited 46 minutes after Mr Justice Munby's order at 1209." |
| 'Intervention powers' | 'Intervention powers' |
| John Coughlan from the Association of Directors of Children's Services, said the legal process was very clear. | John Coughlan from the Association of Directors of Children's Services, said the legal process was very clear. |
| "Every step of that process has got a very thorough series of checks and balances including independent representation across the piece for family, children and the local authorities, and very, very thorough court and judicial intervention powers," he said. | "Every step of that process has got a very thorough series of checks and balances including independent representation across the piece for family, children and the local authorities, and very, very thorough court and judicial intervention powers," he said. |
| The judge said social services must put in place a package of care to meet the mother's immediate needs as a vulnerable person. | The judge said social services must put in place a package of care to meet the mother's immediate needs as a vulnerable person. |
| He also said the council must prepare a comprehensive amended "pathway plan" setting out proposals to assist her in the future by no later than 8 February. | He also said the council must prepare a comprehensive amended "pathway plan" setting out proposals to assist her in the future by no later than 8 February. |
| BBC local government correspondent John Andrew said that in most cases where a new-born child is removed from a mother, she would be aware of this before the birth - except in cases where her prior knowledge might lead her to take flight. | |
| Even when a council is granted an interim care order for the child, it is not uncommon for mothers to still have supervised contact with their baby, he added. |