Born Into Care

The taking of a new-born baby into public care at the moment of its birth is an extraordinarily harsh measure

Social Work departments across Scotland are removing newborns from their mothers just hours after birth. Tod & Mitchell will fight for you to take your baby home.

A newspaper recently reported that a young mother with learning difficulties was terrified after being told my social work staff that her premature daughter risked being taken into care upon her discharge from hospital, due to her perceived inability to care for her newborn child.

As of March this year, there were 2,723 children on the Child Protection register. Local authorities can apply to their local Sheriff Court for a Child Protection Order (CPO) in respect of an unborn, newborn or older child.  Unborn children can be placed on the register and are often taken shortly after birth. The removal of a baby immediately after birth is traumatic and has lasting effects on the bond between a mother and baby.

While it is considered an emergency procedure, the effects of a CPO can be continued long after. A Children’s Hearing will convene within two working days and again within eight working days in the panel members think necessary. It is then open to the panel to issue a new order that can require a child, among other things, to remain in local authority care. The panel will also consider and decide how often and for how long parents and relevant persons will have contact with the child. Such orders last for 12 months unless terminated early by the panel.

If your social worker has told you they intend to seek a CPO in respect of your child or while you are pregnant seek legal advice immediately. Tod & Mitchell will protect your rights and ensure your voice is heard.