Teenager to receive damages after baby was taken

Updated 19.46 Mon Feb 18 2008

Keywords: social services, damages, baby, teenager

Nottingham City Council has agreed to pay damages to an 18-year-old mother after it admitted acting unlawfully by taking away her newborn baby.

The boy - known as Baby K - was removed by social workers without first obtaining a court order just hours after he was born.

David Lock, the council's barrister, told the High Court in Liverpool: "I am entirely happy to accept that, on behalf of the local authority, it did not have an agreement from the claimant sufficient to be consent in law"

The court heard that the mother, known only as G, was possibly at a "turning point in her life" but that "her problems are deep seated and long standing and likely to require appropriate support and assistance for some time in the future."

After the baby was taken the mother won an emergency ruling from a High Court judge that "on the face of it" the child had been taken unlawfully because no court order had been sought for his removal.

Nottingham City Council has defended itself, saying: "Nottingham City Council is pleased to have agreed a way forward in this complex matter, which we believe will progress this case in the most appropriate way.

"This case has highlighted that despite the excellent level of service and support provided by the council for G and her baby, processes need to be reviewed to ensure they fully meet all legal requirements.

"Nottingham City Council accepts that, although our social workers acted in good faith to protect the child, proper legal processes had not been followed in order to make the separation lawful. The judge recognised that social workers work under great pressure and the council recognises the commitment of its staff to supporting clients in difficult situations.

"The council had prepared the necessary legal paperwork for initiating care proceedings in advance of the birth. The case was presented to the courts within hours of the baby being born.

"An Interim Care Order is still in effect with the child remaining in our care and the mother having regular supervised contact. We are continuing to follow the legal processes to protect the child's best interests.

"We have commissioned an independent review of this case by the chair of the Local Safeguarding Children Board."