Mother fights daughter's adoption at European Court of Human Rights - Solicitor Chris Graves comments on this case

A mother who was told she was 'not clever enough' to look after her three-year-old daughter is taking her case to the European Court of Human Rights.

Rachel's' daughter was born prematurely and social services officials considered Rachel as lacking in the basic intelligence she needed to look after her daughter's special needs. Her daughter was taken into care and currently lives with a foster family.

The family court has told Rachel that her daughter will be re-homed with adoptive parents within the coming three months. This is going ahead despite a psychologist's declaration that Rachel has no learning difficulties and her intellectual abilities are within the normal range.

Rachel has been told her access to her daughter will be gradually reduced and that after she has been adopted, she will have no access rights at all.

Rachel's attempts to halt Nottingham City Council's adoptive order were held back when she was assigned a government-funded lawyer to look after her interests. The lawyer was assigned to Rachel as she was judged as incapable of assigning her own solicitor to the case. The government-funded lawyer refused to contest the adoptive order, despite Rachel's wishes.

Rachel has now lodged an appeal with the Court of Human Rights in the hope that it will block the decision to allow her daughter to be adopted. She has also launched a request for a judicial review of the adoptive order.

Chris Graves, Partnership member and Family Law Solicitor at Fisher Jones Greenwood Solicitors in Colchester Essex, commented “This case highlights the difficulties many parents with learning difficulties are facing in contesting care proceedings brought by Social Services. Although a parent has a right under the Human Rights Convention to a 'Family life' the courts have always ruled that the child's own rights come first. Striking a balance, between the rights of the child and the right of a parent to a fair trial, needs skilled and determined representation”.

“At FJG our Child Care Team comprises four Children Panel Solicitors assessed as qualified to represent children or vulnerable parents in care proceeding, including two solicitors with Higher Advocacy Rights. The team has considerable experience in representing children, parents, grandparents, foster carers and adopters in these very sensitive cases”.