ext_58999 ([identity profile] major-clanger.livejournal.com) wrote in [personal profile] james_davis_nicoll 2013-12-03 12:56 am (UTC)

As ever, it is not actually that simple

(Disclosure: I work in child care law in England, often representing parents. I know the lawyer representing this woman - we both practise law in the same city - but have no personal knowledge of the case itself.)

There is a lot of incomplete and sensationalist reporting of this case. Essex County Council has issued a press release that makes some important points:

- This woman had already had Italian social services intervene regarding her other children.
- The request for a court order to allow a caesarian without her consent was made by the hospital that was accommodating her under mental health laws, because of grave concerns for her health and that of the baby.
- Subsequent concerns about the risk the mother posed to the child led to another court granting a care order regarding the child.

Now, this is an extraordinary set of circumstances. But this seems to have been a case where medical and social services professionals have sought legal orders allowing drastic intervention to protect the life and well-being of both mother and child. The court process for adults with mental health problems and for children is not 'secret', it is private, which is why details are sparse. That being said, there is a move at present to try to allow more open reporting of such cases provided that identities of the people involved can be kept private, and I expect much more information about this case to be available soon.

Lucy Reed, a very respected family lawyer and blogger (again, someone I know) has written a very useful summary of matters. As she notes, it is possible that something has gone very wrong here. But it is also possible that professionals and judges have made very hard decisions because they were necessary to avoid worse outcomes.

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