Mum’s care baby fight goes to Euro court

Reporter: Case will make legal history
Date published: 06 May 2011


AN OLDHAM mum, who had her child taken into care by social services, has found herself at the centre of a landmark case after refusing to give up hope.

The 23-year-old mother from Waterhead believes Oldham Council wrongly took her baby from her in June, 2009, just six months after she gave birth.

The mother, who cannot be identified for legal reasons, has already appealed the decision through UK courts without success.

Now the legal team from the Government’s Foreign and Commonwealth Office has been granted until August 9 to put forward their case, following her submissions to the European Court of Human Rights.

The case will be a pivotal step in legal history as it is the first of its type to been lodged to court since its inception in 1998.

The woman says the psychological effects of neglect as a child in care herself were then used as evidence for the separation from her daughter.

She said: “It’s quite scary to be in the centre of such a landmark case, I’m hoping that this could change the UK adoption system.

“First and foremost my concern is my daughter, it’s been almost two years now since I’ve seen her.

“At the start I was working alone and a lot of people would have given up, but not me.”

Her legal team argue that it has recently had a new psychological assessment carried out, giving the woman a clean bill of mental health.

This, the team argues, contradicts evidence put forward in the case of the separation and subsequent adoption of the child, now two.

The woman added: “I hope this changes things. If it does I’m not just helping myself and my daughter, I’ll been helping a lot of others.”

John Hemming, the Lib-Dem MP for Birmingham Yardley, who champions the Justice for Families group in Parliament, said: “This is a significant case and it will set a precedent. I believe some 1,000 children a year are wrongly adopted in this country and this will highlight that on a national scale.”

Gerry Lonsdale, her special adviser from Justice for Families, said: “There has rarely been a proper legal challenge to the UK adoption system, the problem is most parents don’t have the legal rights to appeal once the child has been adopted. We’ve managed to get it through to Europe — it’s a first in that sense.

“Experts tend to side with local authorities, if this private psychiatrist had been involved since the start it would have been a completely different situation.”