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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Original poster

Keeping my son in hospital against my will

434 replies

TaashenMartian · 16/12/2017 01:36

My son was born at 34 weeks on the 14th October with a heart condition. For the duration of his life (2 months) we have been in different hospitals. He is now stable enough to go home until his operation but because me and my sons dad had an argument in the hospital social services are involved and they won’t let us take him home. I have another child (a3 year old) who is still in my care and they have no plans to take her away. I want to know if they can legally keep my son in hospital due to safeguarding issues If my daughter is still in my care? Can I legally self discharge him if he is well enough to go home even though social services are involved? They have no reason to take my children from me as all it was was an argument, hence why my daughter is still in my care. But they are refusing to discharge my son until the case is resolved. Can they legally do this? What rights do I have? I feel if there are real safeguarding issues and my son can not be in my care then surely my daughter can’t either? Any advice would be much appreciated. This is incredibly stressful and I just want my son home for Christmas

OP posts:

lljkk · 16/12/2017 11:35

How much care will your son need at home, TaashenMartian? Will his care be quite demanding on you & partner?

Why was he born early -- did they induce you due to his heart problem?

It's good to hear he's stable now.

Nicknacky · 16/12/2017 11:35

battleax it's fairly obvious there is more to this story, my question to Bert was because she appeared to know something from the op's posting past. I possibly read that wrong though.

expatinscotland · 16/12/2017 11:36

Over-burdened NHS. Lack of hospital beds. But they're keeping a patient who is healthy enough to be discharged in? Why not apply for a court order if they have concerns and send him to a foster carer? Christmas is just another day.

Blackteadrinker77 · 16/12/2017 11:36

I can't advise as I have no legal knowledge but just wanted to send you a hug xx

It's a really tough situation. Do you have family around to support you?

SisterLocation · 16/12/2017 11:37

There is more to this

Nicknacky · 16/12/2017 11:37

bert You aren't the only one with knowledge of how Ss and child protection works. Apparently. Please don't be condescending.

I read your post that you knew something from her posting past.

Battleax · 16/12/2017 11:40

battleax it's fairly obvious there is more to this story,

Maybe, maybe not. It could be various scenarios.

Mummyoflittledragon · 16/12/2017 11:41

This is very odd. I agree you need representation. And kid gloves.

Battleax · 16/12/2017 11:41

I read your post that you knew something from her posting past.

I can't see how.

BertrandRussell · 16/12/2017 11:44

" Please don't be condescending."

Why not?

Battleax · 16/12/2017 11:45

Why not?

Wow, you've excelled yourself there for rudeness. Just as shocked myself by agreeing with you too

DownTheChimney · 16/12/2017 11:52

We don’t actually live together either and they know that

Is there a reason you don't live together?

Aeroflotgirl · 16/12/2017 11:54

Very strange, unless op is not telling us the full story and there is a big back story. Most couple argue, in that cAse mist children will be removed from their parents care.

DearMrDilkington · 16/12/2017 11:56

Social services don't get involved because parents argue when they're going through a really stressful time.

Did your daughter witness the argument?

Lovemusic33 · 16/12/2017 12:00

I think there must be a lot more to this. Social services can’t stop you from taking your child home without real good reason/concerns and there are certain paths they have to take, there would have been meetings to discus this. Get leagal advice if you feel they are in the wrong.

Schlimbesserung · 16/12/2017 12:02

Before this year I'd have assumed that the OP was missing huge chunks of the story out. This year I've witnessed a social worker repeatedly telling lies and getting away with it, among other things.

However, the exact details don't matter here, because the advice is the same. If you don't know your rights, go to someone who does. There are people who are experts in this and it's unlikely that any of them are posting here.

Family Lives has a helpline, might be worth a try ;
www.familylives.org.uk/how-we-can-help/confidential-helpline/

If you possibly can OP, you should get legal advice. Not all social workers only care about your child's welfare, not all are ethical or moral people and some will have an axe to grind. Not because they are social workers, because they are human. This is too important to rely on the system getting it right.

Viviennemary · 16/12/2017 12:03

It's really hard to comment when people don't know the backstory. I was assuming you lived with your partner as a couple. But appears you don't. You haven't said what the argument was about. But you need to stop focussing on what you want as this will not go down well with SS.

SunnySkiesSleepsintheMorning · 16/12/2017 12:11

Do you know under what grounds are they keeping him in hospital? What has happened at meetings with social services? I agree that you need urgent legal advice.

Missingstreetlife · 16/12/2017 12:13

Get legal advice asap.
Ssd have concerns which may or may not be justified. Hospital keeping him 'with your consent' as part of protection plan while they investigate.
Cannot do this without consent unless they get an emergency order, but will get one if you don't cooperate.
A solicitor acting for you may concentrate their mind on how much evidence they have and completing their enquiry. They have lawyers too.
Good idea to talk to team manager.

AndromedaPerseus · 16/12/2017 12:23

No one on an Internet forum can give you valid advice as we don't know the full facts only your version of events. You need to consult a solicitor

Iamagreyhoundhearmeroar · 16/12/2017 12:25

Most people would have actually sought legal advice (months ago), tbf, instead of asking on Mumsnet

Whisky2014 · 16/12/2017 12:31

I doubt the hospital would want to keep him in if they really thought he would be ok in his home. Can you imagine if they discharged him and then something happened? Public outrage, court case, investigation. So id be taking what the OP says with a huge pinch of salt. Would Ss really contact the school, family members and friends over a comment of having arguments? Doubt it.

DoubleRamsey · 16/12/2017 12:34

There is not a child alive who hasn't witness at least one argument from the adults in its life.

As long as it isn't of the screaming/violent/throwing things variety it strange that social services are involved. Did you disclose that the argument was violent in some way?

Whisky2014 · 16/12/2017 12:54

double and I'm sure the hospital know that....

BertrandRussell · 16/12/2017 12:56

"There is not a child alive who hasn't witness at least one argument from the adults in its life."

Which is why there is more to this story.

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