NCJ Number
231536
Journal
Child Abuse Review Volume: 19 Issue: 3 Dated: May-June 2010 Pages: 158-168
Date Published
May 2010
Length
11 pages
Annotation
This article examines emergency protection practice issues arising from a particular case of a child's unlawful removal.
Abstract
This paper addresses the legal and practice issues raised by a particular case in the United Kingdom. In January 2008, less than three hours after his birth, Baby K was removed from his mother's care by hospital staff and placed in a separate ward. At a High Court hearing later that morning, it was ruled that the removal of Baby K was unlawful. Important practice issues are raised by this ruling. After setting out the circumstances under which Baby K was removed from his mother, this paper considers a number of issues raised by the case: (i) what constitutes lawful removal under domestic law; (ii) European jurisprudence and domestic law in relation to emergency removal at birth; (iii) parental consent to removal; (iv) professionals' liability for breaches of human rights; and (v) the role of child protection plans in safeguarding children. References and case list (Published Abstract)