Revised 22 April 2014

If it weren’t bad enough that social services conduct care proceedings against families to separate their children from them, there are even processes for care proceedings and the unborn child.

Under specific circumstances where they feel there is reason to believe that the new-born child is at risk of suffering significant harm from birth, social services have the right to begin care proceedings to take the newborn from the hospital and place them immediately into care.

Under the Children and Families Act 2014‘s foster-to-adopt policy, in pre-birth cases, care proceedings to determine if the child should be permanently removed from the parents may even be utterly bypassed, leaving the parents with no legal advice as to their options until it is too late.

Under What Circumstances Might Social Services Commence Care Proceedings on an Unborn Child?

These circumstances include:

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  • teenage parents;
  • young parents for whom this is their first experience of parenting;
  • parents with limited support who are isolated;
  • one or both parents have had children known to social care (Child In Need or Child protection);
  • one or both parents have had previous children removed from their care;
  • one or both parents are care-leavers, or have been known to social care as children in need or in need of protection, which may result in them being isolated with little support and having experienced poor models of parenting themselves;
  • one or both parents have a care history;
  • one or both parents have the following:
    learning disability
    poor mental health
    drug or alcohol issues
  • there is a history or knowledge of domestic violence within the family/significant relationships;
  • one or both parents have a history of violence or have committed crimes which suggest they may present a risk to children;
  • children born into families where there is a history of sexual offences.

Care proceedings and the unborn child do not differ in any great way from care proceedings generally. The local authority still has to apply to the court and receive a court order in order for social services to take your baby away. And they can be fought.

Contact Us Now

Brendan Fleming Solicitors are nationally recognized as a leading choice in the area of care work. We are justifiably proud of our expertise and our success rate. We are contracted to the Legal Services Commission for this type of work and are considered to be one of the leading national firms for publicly funded services.

Our principal, Brendan Fleming, has won a reputation for his innovative approach, spearheading many new ways of securing justice for families caught in the care proceedings trap. He is a member of a select children’s panel and recognized and approved by the Law Society.

If you are pregnant and are being threatened with care proceedings against your unborn child and need a Care Proceedings Solicitor to help you, contact Brendan Fleming today.

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Brendan Fleming Solicitors
165 Newhall Street BirminghamWMB3 1SW UK 
 • 0121 683 5000
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