Mr Justice Munby

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". A voice of sanity in a web of madness. The baby boy was born healthy and taken from his 18 year old mother about two hours after his birth without any court order having been made.

Hospital staff were apparently shown a "birth plan" prepared by local authority social services. 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. Mr Justice Munby said that without the appropriate order and given that the mother was still in hospital, mother and child should be reunited.

At last, Social Services have been made to follow the Queens Law and not its own law.

BBC NEWS

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Who's plan of attack could it be, taking away a mother's baby?

"Birth Plan"... what amuses me about this story is how one minute the woman is sane enough to sign a contract, but not well enough to have contact with her own child!  Moreover, the eighteen year old mother is not the only parent to the new-born child.  There is a dad, as well.  And grandparents. 

Court orders return of new baby

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".

The woman's solicitor Stuart Luke said she would lodge a claim for damages.

'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".

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".

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.

'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 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".

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.

Published: 2008/01/31 07:38:32 GMT

© BBC MMVIII

Who's brilliant plan devised that little scam of family separation, in the first place?  Sign a contract of separation, BEFORE a child is born!!!  As if anything can prepare a young mother what childbirth will do to her, her feelings, and her wanting to have her baby after all the pain of labor and delivery is over. 

I don't know what hospital-birth center policy is in the UK, so I will ask if you, Tina, are you familiar with Living Wills?  http://en.wikipedia.org/wiki/Living_will

Does the UK not learn from mistakes?

I think to remember  the UK got convicted by the European Court on Human Rights for taking a baby from the mother right after birth. Think it was 1999, but will check.  To be continued...

Hi Lulu, the UK only ever

Hi Lulu, the UK only ever does whats suits the UK hence the reason we are only 'selective' members of the EU treaty. The UK opted out of certain EU terms. I have a full list of every thing amongst mountains of paperwork will sort it and post it. Tony Blair in his 10 years of office did not one thing to bring us in line with EU policy and we failed to meet guidlines on numerous different things. Gordon Brown has probably done more in his short term than Blair did in his whole political career. The UK has until August to put their failings right or pay the price. Brown has a tough job ahead of him. Though he has followed through with his promise of action against traffiking. I will sort out all the EU stuff I have and post it.

I have heard of living wills but only in context of euthinasia (might have spelt that wrong!).

Advance health-care directives

  • A living will usually covers specific directives as to the course of treatment that is to be taken by caregivers, or, in particular, in some cases forbidding treatment and sometimes also food and water, should the principal be unable to give informed consent ("individual health care instruction") due to incapacity.
  • A power of attorney for health care appoints an individual (a proxy) to direct health care decisions should the principal be unable to do so.

In the case of a newborn baby, the mother is still the life-source, given her ability to breastfeed her own baby, and bond as nature intends such a relationship to exist.  She is also the next-of-kin, capable of making choices for the baby for all care received in the hospital/clinic.

I'm wondering if women need to start requesting this in maternity-health care so their babies are NOT taken away from them after birth.

UK-too proud to learn

Lulu I think this is the case your thinking of.

CASE OF P., C. AND S. v. THE UNITED KINGDOM

(Application no. 56547/00). The cases for removal are not the same but the violations are. The UK was ordered to pay 12,000

euros to each applicant (P and C) and 60,000 euro for expenses.

Open source file: P, C and S vs UK 16 07 02.doc

  Birth Plan

Birth Plan Guidance.

This is guidance for social workers and other agency workers who become involved in child protection procedures where there is an unborn baby whose name has been added to the child protection register.  The guidance below provides relevant information about the purpose and aims of Birth Plans and how and when they should be completed.

What is a Birth Plan?

A Birth Plan is a written plan that is formulated for unborn babies following a Child Protection Case Conference where it has been decided that the unborn baby's name, will be placed on the child protection register.  The pro forma for the Birth Plan is intended to standardise the kind of information that is needed by Hospital Staff responsible for delivery and postnatal care of the baby.  In addition to this purpose it also provides other relevant agency workers, parents and relevant family members with an explicit written agreed plan regarding any particular expectations and possible restrictions that have been determined prior to, during and following the birth.

Which children require a Birth Plan?

When a Child Protection Case Conference decides that an unborn baby's name will be added to the child protection register then that unborn baby will require a Birth Plan as part of the child protection plan (CP Plan). 

Why is there a need for Birth Plans?

When an unborn baby's name is placed on the child protection register there is often a number of concerns related to the need to safeguard and protect the baby's welfare.  This will be achieved by the formulation of a CP Plan and the actions required to achieve the outcomes of the child protection plan.  Hospital Staff involved in the delivery and postnatal care of the baby, whose name is on the child protection register, need to be made aware of any specific details that have been agreed as part of the CP Plan.  Newcastle Social Services Directorate's policy with the Health Authority, in these circumstances, is that this kind of detail will be provided within a Birth Plan.  As the circumstances of the birth of any baby can be so varied, such as the time the baby is born, then Hospital Staff need clear written documentation, held on the mother's file, to which they can refer in order to inform them regarding this feature of the CP Plan.  This is particularly so if there are to be any specific restrictions or actions that are to take place during and after the birth.  This may include, for examples, removal of the baby at birth, restricting access of various adults or the need for supervision of the mother with the baby following the birth.

When are Birth Plans completed?

Birth Plans are to be completed at the end of the Child Protection Case Conference, which decides that the unborn baby's name will be added to the child protection register.  The Chairperson for the Conference will be responsible for facilitating and ensuring that the relevant information, which is required to complete the Birth Plan, will be further considered at the end of the Conference and that this information is duly recorded by the social worker using the standardised Birth Plan pro forma.

At the end of the Conference when the Chairperson is listing the Child Protection Plan recommendations they will also facilitate the completion of a Birth Plan by outlining and seeking the detail required for the Birth Plan with those in attendance at the Conference.

The social worker responsible for the case will also take responsibility for recording, in a handwritten form, the relevant information onto the Birth Plan pro forma as it is being discussed at Conference (a special designed Birth Plan is available for handwritten purposes*).  The basic information at the front of the Birth Plan can be completed sometime prior to the Conference.

When the Child Protection Conference has concluded and the social worker is satisfied that all the relevant information has been recorded onto the Birth Plan they will then give this handwritten copy to the typist who will then, without delay, transfer and type this information on to the electronic Birth Plan pro forma (a second and specially designed Birth Plan is available for word processing*) which will then be used as a working document.

What to do with Birth Plans.

When the Birth Plans have been finally typed, a copy of the Birth Plan will be sent to the Named Midwife for Child Protection, accompanied by the Conference recommendations, within 48 hours of the Conference.  If it is envisaged that there may be some delay, for whatever reason, with the other Conference recommendations then the Birth Plan should be sent in advance of the Conference recommendations, with these following as soon as possible.  If there is any identified sense of urgency, such as an imminent birth, then arrangements should be made to deliver the Birth Plan immediately to the Named Midwife/Hospital.  Additional copies of the Birth Plan will also be given to the parents and if necessary to relevant agency workers.  A copy of the Birth Plan must also always be kept on the social work case file.

Paper-pushers

 

If there is any identified sense of urgency, such as an imminent birth, then arrangements should be made to deliver the Birth Plan immediately to the Named Midwife/Hospital.  Additional copies of the Birth Plan will also be given to the parents and if necessary to relevant agency workers.  A copy of the Birth Plan must also always be kept on the social work case file.

Isn't it ironic how swift a SW's paper-work can be completed and sent to others when a baby can be removed and placed immediately after-birth, but the pace becomes much more sluggish once that baby is older and in need of real attentive care.  Timing on that placement-registar sure means everything, doesn't it?

other "Family Services"

Did you see the video on The Church of Latter-Day Saints? http://poundpuplegacy.org/node/14173#comment-3409

 It's about the religious orders given to young mothers as a means of helping the service-workers to their babies.  Needless to say, adoption of these babies follows to fellow church-followers and supporters.

More can be seen here, http://mormontruth.blogspot.com/, as well.

How does something so big, so supported, and so profitable get stopped?

wish I knew

Hiya Harris, it's impossible not to get despondent when you see the bigger picture, isn't it. The other day I had been looking at some possible abduction for adoption cases and as you do I went from link to obscure link until I met with a battered child's body. I got off the PC that night and my head was all over the place. Like you said how do we stop it. How do we catch them all and keep them from harm. I only know  I would rather drown in my tears than do nothing. You would think that with a more progressive and educated world would come protection and care. All it brings is displaced wealth, more greed and more advanced methods to exploit our children. By the way nice to meet you.

Pound Pup Legacy