BABIES ADOPTED BEFORE MUMS HAVE CHANCE TO APPEAL

06-08-2007

Campaigning Birmingham MP John Hemming is demanding a shake up in the law to prevent parents having their children taken from them without being told why. His call comes after two shocking cases came to light in which kids were put up for adoption before their mothers could appeal.

Pauline Goodwin, from Merseyside, had her daughter taken from her at birth in 2005 because she suffered a mental breakdown when her marriage ended and was temporarily homeless.

Judgements are supposed to be handed down within 28 days, but despite 14 months of pleading Pauline was been unable to get written details of the case against her - and therefore couldn't legally seek to have the verdict overturned.

Now she's discovered that her little girl has been adopted.

She told the Sunday Telegraph: "If they give me the transcripts I can prove the whole thing was wrong, and my baby wouldn't be where she is now, she would be with me." (see
article here)

Sharon Harkness, also from Merseyside, has a similar tale to tell after her baby son was taken into foster care.

She's been waiting more than 21 months for the written judgement, and her boy is now awaiting adoption.

The Judicial Communications Office in London has admitted a cock-up and said both written judgements will shortly be available – but too late for these unfortunate mothers.

Hemming, who has long argued for greater openness in the family courts, is now demanding that Justice Minister Jack Straw give parents greater rights.

He said: "The judgment is the judges reasons for making a decision such as the reasons for putting a baby up for adoption.

“Without the judgment parents cannot appeal to a higher court or the European Court.

“If a judge, therefore, acts in such a way as to prevent parents getting their judgments then they cannot make sure that the judge is following the law. This undermines the rule of law."

"The Government should recognise this substantial flaw in the system and act to ensure that all parents get written judgments and are then allowed time from the receipt of the judgment to appeal.

“Whereas it is entirely reasonably to have a time limit for appeals the clock should start ticking when people get their written judgment."

"It does make it easier to hit the adoption targets when the judge can remove children for unlawful reasons and be secure in the fact that the parents cannot appeal because they don't have their judgments.

“I am aware of solicitors that also keep judgments from parents for exactly the same reasons. This is fundamentally wrong."

"Furthermore local authorities should not be allowed to get a baby adopted until the parents have had the judgment and the time for appeal has expired."