Unlawful care proceedings

[LLPT25]

A few days before my first child’s birth last year I was called by a social worker, who I had never met to be told that I could not go home after birth, police protection and would forced into a foster placement, and care proceedings initiated. I was in such shock I was admitted to hospital 48 hours later, having to fight court hearings on zoom hours after my babies birth not knowing what was happening

No one had raised concerns, I was only told by a midwife two months before in the middle on the pandemic that I social worker would help me.

No one from social services had visited me, I received no emails no letters, no one had been to my home. At 5 weeks pregnant I had asked for a session of counseling from a new GP, and she sent me to see a doctor. one appointment and I never saw her again. Yet to my shock after being put on a supervision order I read clinical reports that were titled that I must not be shown the contents - information was completely untrue and very disturbing to read. These had been used for threshold and written by the same doctor at 37 weeks pregnant despite her not seeing me for 8 months - who I had only seen once and who had said I only needed an extra pair of hands.

The next 5 months were terrifying and traumatic as the local authority visited day after day and yet I had done nothing wrong . My obstetrician wrote a warning letter days before the birth to everyone saying she was very disturbed by my treatment and I had done nothing wrong. After 5 months the local authority withdrew from proceedings .

It has taken a year to get to stage 3 complaint stage. Everything was delayed again and again. The local authority refuse to let me have any information held on me. I have the file held under my sons name only which was released only after 6 weeks of escalating.

The independent investigator upheld my complaints - she found that it was completely unlawful when I was told I could not go home after birth and police protection as nothing has been put to the court and there was no evidence. Despite having a couple of phone calls saying the persons first name and they would help me two months before birth - a section 17 was done without my knowledge and consent. I was only given a copy when in hospital 3 days before birth, having no idea what it was.

There was no PLO
No section 47 was done

The local authority used urgent order but have since written a letter after proceedings stating that maybe in hindsight they should have come to see me in the weeks before the birth !

Despite emails staying the doctor repeatedly said her clinical reports could not be used in court the local authority used them to put to the court an hour after my sons birth- as threshold document. I was told I could not speak ever on the court . The solicitor recommended by the local authority refused to put evidence through snd agreed with local authority. At the end ( in writing ) the solicitor says that the proceedings were brought unlawfully .

I have escalated complaints - the hospital stating I had behaved perfectly and attended all appointments. The clinical director of the doctor was shocked when she found out. However this trust Have seized my medical records and made them private according to my previous gp manager. Any information I have obtained has been heavily altered as they also were for the court proceedings. I cannot access my sons medical records.

The investigating officer found that doctor had eventually given consent ( against her trust policies and also the case had been closed months before ) a day AFTER the local authority applied to the court - so they had unlawfully used 8 pages of evidence that they had no authority to use.

This evidence was later found to be fabricated and shortly after the local authority withdrew . Emails show that the doctor has written them to use to escalate to child protection even though there were no concerns

Thr local authority brought care proceedings unlawfully. My life has been completely wrecked by this. It has been harrowing.

Can you please advise ?

[Suzie, FRG Adviser]

Dear LLPT25,

Welcome to the parents’ board and thank you for your post.

You say in your post that a few days before your first child’s birth last year, you were called by a social worker and informed that you could not go home after the birth. You say that no concerns had previously been raised and you had been informed by your midwife two months prior that a social worker would help you. You say care proceedings were initiated immediately after your child was born and that after 5 months, the local authority withdrew from proceedings. You have made a stage 3 complaint which you say has been upheld. You say that information was incorrectly used and that care proceedings were brought against you unlawfully – you would like to know what you can do.

Firstly, I am sorry to hear about the difficulties you have faced, this has clearly been a distressing experience. It is positive that you have made a Stage 3 complaint and that this has been upheld – you can now take this further to the local government ombudsman. Please see here for information on how you can do this and what the ombudsman can do.

I am also attaching a table with options for ways you can complain beyond children’s services here. Some of these options include applying to the courts for judicial review. Judicial review is a process in which a judge in the High Court looks at whether children’s services’ actions and decisions are legal and made properly - please read our advice sheet on this for more detailed information. You may also want to consider applying to the courts for a breach of your human rights. If a public authority does act in a way that is incompatible with someone’s human rights, the person affected can bring a court claim to ask for compensation, or to stop the public authority acting in that way - again, please look at our advice sheet on this. Both processes are complex, and I would highly advise you seek legal advice before pursuing either route – you will find more information about how to do this on either advice sheet.

Best wishes,

Suzie.

[LLPT25]

Thank you for your response

[Suzie, FRG Adviser]

Dear LLPT25,

You are welcome. I noticed that some of the links weren't working properly when I checked back through the message I posted, so I just wanted to let you know that I have now updated them.

Best wishes,
Suzie

[LLPT25]

Thanks Susie. !