Social workers took newborn baby from mother by obtaining her consent while she was dosed up with morphine
Mother, 26, wanted to keep baby before taking opiate
Social workers violated right to family life, court rules
By RICK DEWSBURY
PUBLISHED: 09:57, 16 August 2012 | UPDATED: 12:29, 16 August 2012
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Social workers took a newborn baby girl into care within hours of her birth while the mother was still dosed up on morphine.
The mother, 26, had been given the powerful opiate to recover from life-saving surgery after a difficult labour.
Coventry City Council social workers, who hours earlier been told by the mother she wanted to keep the baby girl, then asked her to consent to have the child taken away while she was still under the influence of the drug.
'Violation of right to a family life': A mother gave up her baby for adoption after social workers asked her the question while she was dosed up on morphine, because of a difficult birth (file picture posed by models)
A judge at London's High Court has now ruled that the state officials violated the human right of the mother and baby, which is now seven months old.
Judgement: The High Court in London heard how social workers at Coventry City Council took a newborn baby into care while the mother was dosed up on Morphine
The judge said the council had conceded that social workers should not have sought the mum's agreement when they did and that the baby's removal from the post-natal ward 'was not a proportionate response' to any risk to the child's welfare.
He added that the council - which has started an internal investigation into what happened - accepted that it breached the mother and baby's rights to respect for family life, enshrined in Article 8 of the Human Rights Convention.
Mr Justice Hedley has 'serious doubts' over whether the mother legally capable of giving her consent at the time.
Coventry had agreed to pay damages to the mother, as 'just satisfaction' for the breach of her rights, and she has asked that the undisclosed sum be spent on giving her therapy.
The judge said the mother had endured a harrowing childhood and adolescence which left her not only vulnerable but 'devoid of parenting instinct or intuition'.
She has three other children, who have also been taken into care and placed for adoption. The court heard that she had 'previous unhappy relationships with men'.
She is seeing another man at the minute, which she 'believes promises better things'. However, he is a drug addict.
The judge ruled there was an 'overwhelming' case that the welfare of the baby girl also demanded that she be placed with an adoptive family.
But that social workers need to be more careful when asking parents to have their child removed.
Giving guidance for the future, Mr Justice Hedley said local authorities 'may want to approach with great care' the obtaining of consent from mothers in the aftermath of giving birth, especially where there is no immediate danger to the child.
Read more: www.dailymail.co.uk/news/article-2189125/Social-workers-took-newborn-baby-mother-obtaining-consent-dosed-morphine.html#ixzz2DeYDDOMn
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