£8,000 awarded in baby case

AN Oldham couple whose three-month-old daughter was taken away because of a suspicion of ill–treatment have awarded £8,000 compensation.

The European Court of Human Rights rejected the claim of the unnamed couple — named only as RK and wife — that the removal of the baby breached their human rights.

It held that the authorities briefly had a genuine and reasonably–held concern about the child’s welfare.

But as the couple had no legal redress in the UK for the temporary loss of their daughter, that meant the Government had breached the European Convention on Human Rights.

The couple’s daughter, M, was born in July, 1998. Three months later, M was taken to the Royal Oldham Hospital with a broken leg. Doctors decided the injury had not been accidental and M was placed in the care of her aunt.

But the baby then suffered another fracture, and a second medical check diagnosed brittle bone disease. M was returned to her parents in April, 1999.

The couple claimed that the child’s removal on the basis of a medical misdiagnosis breached a human rights requirement on governments to protect the right to respect for private and family life.

They also claimed their right to an effective remedy had been breached.

Yesterday’s judgment said there was no dispute that the interim care order had interfered with the couple’s right to respect for their family life, but the interference had been in accordance with the law and pursued the legitimate aim of protecting M.

The court ruled there had been no violation of the couple’s right to respect for private and family life, but awarded £14,000 costs.