A Local Authority v C 2013

In this case Mrs Justice Parker authorises the removal of an unborn baby from its mother at birth. What is troubling about this case is that the mother is not to be informed of the planned removal until after the event. This effectively denies her the right to state her case in a court process already rigged against her. Put simply, she is now 'guilty unil proven innocent' - the latter an unlikely verdict.

As always, interesting observations by John Hemming MP on this troubling case. http://johnhemming.blogspot.co.uk/2013/12/a-local-authority-v-c-2013-mother-not.html

In reality, the mother’s case is sealed notwithstanding the best endeavors of the family courts to show ‘that justice is being done’; most often a display for those involved ‘within’ the system due to the secret nature of the family courts. The actions in this case are laced with clear Article 6 ECHR issues most properly summed up by LJ Thorpe two years ago. LJ Thorpe noted that

“There is nothing more serious than a removal hearing, because the parents are so prejudiced in proceedings thereafter....Once you have lost a child, it is very difficult to get a child back.”

Referring to Judge Orrell, he said: “I know he is a very experienced judge and I know he has done wonderful work in Derby for many years. But there is a point where a judge's brisk conduct of business in his search for protection of a child is just not acceptable.”

Clearly unacceptable in this case as a ‘status quo’ has been created, which, when a chid is placed in care, is more often than not, upheld. This is the dismal reality of the family court system as families are churned through the system, coming out heavily bruised on the other side.