If you were in care and had your child taken because of this, and if the local authority did not fully follow certain newly laid-down procedures, you may have cause for redress and even the recovery of your child if it has not already been adopted.
One of the key indicators of risk according to social services and often an over-riding factor in removing a child, usually at birth, is that you or your partner, or perhaps both, grew up in care. A little known ruling by the now president of the Family Division, Sir James Munby, in 2008, clearly established the principle of the responsibility of the Corporate Parent (the Local Authority) to ensure that you are prepared for life beyond the care system. We contend that between that ruling and all other relevant legislation that the Local Authority has a number of (specified) duties in preparing you for life after the care system.
Should the Local Authority not have done this according to the procedure, which we are aware of, and should Social Services seek to remove your child on this 'care background' basis, then the system has failed you in its role and you have the right to receive just remedy and recompense.
In establishing those failures in court it would then provide excellent grounds for enforcing the Local Authority to provide any and all services to help you keep your child and to meet their parenting criteria. This is untested ground, but if you have been in care and have recently had your child removed, or are currently under going pre-birth assessments with that threat, then please contact us. If there are enough affected parents, we may have the opportunity to launch a group action.
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