Case Study: 12-Month Supervision Order Secured – Child Remains in Mother’s Care
Case Overview
Issue: Local Authority seeking removal at birth with plan for adoption
Our Client: Mother
Court Proceedings: Care proceedings concerning third child
Outcome: Child remained in mother’s sole care under a 12-month Supervision Order
The Situation
We represented a mother in care proceedings following the birth of her third child.
At the start of proceedings:
- Her eldest daughter was living with her biological father
- Her second child was in long-term foster care
The Local Authority issued proceedings shortly after the birth of the baby and sought the child’s immediate removal, with a long-term plan of adoption.
The Local Authority’s concerns centred around the mother’s historic difficulties, including:
- Previous mental health concerns
- Substance misuse
- Domestically abusive relationships
- A previously chaotic lifestyle
Initially, the Children’s Guardian supported the Local Authority’s position based on the evidence presented at the outset of the case.
Our Approach
At the initial hearing, we argued that separation at such an early stage was neither necessary nor proportionate.
Recognising that the mother required structured support rather than immediate removal of the child, we undertook a nationwide search for a suitable residential placement capable of:
- Supporting the mother and baby together
- Providing therapeutic intervention
- Offering assessment and ongoing support in a safe environment
We successfully persuaded the Court that the mother and baby should remain together while support and assessment continued.
The Progress Made
During proceedings, the mother engaged positively with the support provided and demonstrated significant progress.
Evidence before the Court showed:
- Improved stability
- Positive engagement with professionals
- Increased insight into previous concerns
- The ability to safely care for her child with appropriate support
Over time, the Local Authority’s position evolved in light of the progress made.
The Outcome
The proceedings concluded with:
- A 12-month Supervision Order being made
- The child remaining in the sole care of the mother
- Ongoing support from the Local Authority rather than removal
Importantly, the Local Authority also supported an increase in the mother’s contact with her older two children as a result of the positive changes she had achieved.
Key Result
- Immediate removal and adoption plan successfully challenged
- Mother and baby remained together throughout proceedings
- Child remained in mother’s sole care
- Positive progress recognised by the Court and Local Authority
- Increased contact supported with older children
Why This Case Matters
This case demonstrates the importance of:
- Early and proactive legal representation
- Identifying supportive alternatives to removal
- Ensuring parents are given a genuine opportunity to demonstrate change
It also highlights that, even where there is significant historical involvement from children’s services, the Court will consider whether a parent can safely care for their child with the right support in place.
Need Advice in a Similar Situation?
If social services are involved following the birth of your child, obtaining specialist legal advice as early as possible can make a significant difference. Contact us today for confidential advice and support.
