Right NOT to Remove at Birth

Strasbourg European Court of Human Rights

Please note that if the SS take your baby or very young child for no very good reason other than for “risk of emotional abuse” or some similar vague notion, then they are probably just trying to meet their adoption targets and your human rights have certainly been infringed.

The decision by the  European Court of Human Rights  (P, C and S versus United Kingdom) was that the action of the UK in taking a baby at birth from a mother that had never been accused of harming it was “draconian” and merited a large fine and damages to the mother.

If the SS take your newborn baby QUOTE THIS CASE IN COURT as a reason for its return to your care. Make it clear that you will appeal on a point of law and if that fails, go to the European Court of Human Rights, if the judge ignores this case and rules against you.

CASE OF P., C. AND S. v. THE UNITED KINGDOM – (see paragraphs 133, 137 and 138)

Quoting Para 133.  The Court concludes that the draconian step of removing S. from her mother shortly after birth was not supported by relevant and sufficient reasons and that it cannot be regarded as having been necessary in a democratic society for the purpose of safeguarding S. There has therefore been, in that respect, a breach of the applicant parents’ rights under Article 8 of the Convention.

Another relevant article was published by the Association for Improvements in the Maternity Services.

The most pertinent precedent is this case that was judged by The Rt Hon Lord Munby who is now the President of the Family Courts:

In the matter of unborn baby M; R (on the application of X and another) v Gloucestershire County Council.

http://www.bailii.org/ew/cases/EWHC/Admin/2003/850.html

Citation: BLD 160403280; [2003] EWHC 850 (Admin).
Hearing Date: 15 April 2003
Court: Administrative Court.
Judge: Munby J.

Abstract.

“Per curiam. If the state, in the guise of a local authority, seeks to remove a baby from his parents at a time when its case against the parents has not yet even been established, then the very least the state can do is to make generous arrangements for contact, those arrangements being driven by the needs of the family and not stunted by lack of resources. Typically, if this is what the parents want, one will be looking to contact most days of the week and for lengthy periods. Local authorities also had to be sensitive to the wishes of a mother who wants to breast-feed, and should make suitable arrangements to enable her to do so, and not merely to bottle-feed expressed breast milk. Nothing less would meet the imperative demands of the European Convention on Human Rights.”…

Published Date
16/04/2003

This case establishes the right of the mother to breastfeed,and is often ignored both by judges and the SS BECAUSE THE PARENTS ARE NOT AWARE OF THEIR RIGHTS UNDER THIS IMPORTANT CASE