The recent news that there has been a dramatic rise in the numbers of babies who are removed from their mother’s care at birth is not surprising. Nor is the ‘discovery’ that once mothers are dumped on the roller-coaster of having children removed, it is virtually impossible for them to get off of it. The law’s approach to this complex area really is a scary ride, made scarier by the fact that cases really are dealt with on an individual basis. Clients often say that they know someone in exactly the same circumstances as them who has received a more favourable outcome. This is because although the law is phrased in objective terms, social workers’ and judges’ individual subjectivity, on the facts, varies almost infinitely. One mother’s plea to work honestly and openly with the Local Authority may well be believed, or not, depending on the idiosyncrasies of the professionals involved. The fact that personalities some times clash is not one that can simply be ignored. None of this however, explains why there is a new prevalence of Local Authorities issuing applications for care orders, or of the court sanctioning removals at birth. Increasing awareness of the evils of drugs and domestic violence and the increased number of mothers with serious mental health issues may well be obvious starting points. However, the real question is whether the rise of the Nanny State is actually the best solution.
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