Social services are not above the law

It has recently been reported that Anglesey County Council have come under fire from the Courts due to Social Services acting unlawfully and refusing to return a 9 year old child to the care of his mother.

Judge Gareth Jones, the Family Judge for North Wales, said that ‘Social services are not above the law and they, like everybody else, is subject to it’.

In this case the Mother voluntarily consented to the child being placed in foster care whilst she received medical treatment.  Upon her treatment ending it is reported that the Mother withdrew her consent to the continued placement of the child however, social services refused to return the child.

Once a parent withdraws their consent to a voluntary placement that child should either be returned to the care of their parent or the Local Authority should commence legal proceedings for an interim Care Order for the continued placement of the child.  In this case the Local Authority did not commence legal proceedings and by unlawfully withholding the child from the Mothers care breached both of their Human Rights.

I would anticipate that this case will serve as a wake up call for all Local Authorities and remind them that they must act within the law. 

Gamlins Law have offices throughout North Wales.  Visit our website at www.gamlinslaw.co.uk for contact details.  Or alternatively please email me on sian.williams@gamlins.co.uk