Daniel Foggo
Download your 2 for 1 Pizza Express voucher
A SECOND case has emerged of a woman who has had her children taken away from her and been prevented from objecting because she was judged “too stupid” by the authorities.
Lawyers acting for the 24-year-old from Nottingham, who has had two daughters adopted, say she has since shown herself far brighter than was believed when the original judgment was made.
But it is now too late for her to go back to court for the return of her children.
Last month, The Sunday Times reported a similar case of a mother deemed too unintelligent to care for her child.
The plight of the women has highlighted the role of the official solicitor, the state lawyer appointed to represent them, but who declined to contest either case.
New figures show that hundreds of parents have had the official solicitor, currently Alastair Pitblado, imposed.
Since January 2006 his department has been brought in to represent 588 parents deemed to “lack the mental capacity” to instruct lawyers in cases where their children faced the possibility of adoption.
Last month The Sunday Times highlighted the case of Rachel, also a 24-year-old from Nottingham, who is taking her legal challenge to the European Court of Human Rights after her three-year-old daughter was ordered to be adopted because she was ruled not to be intelligent enough to care for her.
In the latest case the mother’s two daughters were both adopted in 2006 after a health worker noticed that her living conditions were unsatisfactory.
Before the case was finalised in court, however, it was decided that the woman lacked the intelligence to instruct her own lawyer, which led to the official solicitor being brought in. A psychologist’s report gave her a low IQ but said her learning disability would improve in time.
The mother insisted that she wanted to keep her girls but the official solicitor said she did not have a case at the time and did not contest the adoptions on her behalf.
Her solicitor, Simon Leach, who runs Nottingham Family Law Associates, said: “I would have liked her to have given evidence, or certainly have someone speak on her behalf, so it could be explained at length why she should keep her children. But the system would not allow it.
“At that time she had little or no understanding of what her children needed but she was very loving of her children and still is.
“But I sat down with her last week and she was using words she could never have used before. It was clear to me that her level of understanding had improved considerably.”
Leach said there were still question marks over whether she would be able to care properly for the girls but since the adoption had already happened the issue could no longer be addressed. “It’s too late now,” he said. He added that his firm had been involved in up to 20 cases in which their clients were handed over to the official solicitor.
The official solicitor typically declines to contest any final care orders.
Leach said this was because the system did not allow the official solicitor to do so.
He said: “I think the official solicitor should be able to put a case. It’s not just about justice, it’s about justice being seen to be done.”
Industry sectors news at a glance. Interactive heatmap, video and podcast
Get ready for the winter sports season, with our resort guides and snow reports
We are backing British business, what is the confidence of the nation and what businesses are succeeding?
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
2006/06
£POA
Surrey
2009
£114,950
Derbyshire
The best policy at the
best price
Be Wiser Insurance
£POA
Surrey
Highly competitive six figure
Nationwide
Swindon
Competitive benefits package
Chartered Institute of Builders
Ascot
Competitive salary + benefits
NHS Direct
London
£125K
Meltwater News
Nationwide Positions
With Part Exchange Crest Nicholson could get you moving.
Award-winning riverside development, SW11.
Luxury apartments for sale from £350,000.
Find out more about our luxurious apartments and houses for sale in the heart of Sussex.
for sale in the French Alps
from E189,000.
We're offering extra savings on Voyager & Adventure of the seas Mediterranean Cruises fr £549.
Book by 28 Feb!
Includes 3* accommodation throughout, a 15 minute Apollo night helicopter flight down the Las Vegas strip and United Airlines flights from Heathrow.
Same break by air costs £189. Valid for weekend travel until 31 Aug 10.
Get covered on your travels with a superb range of policies at great prices
Visit InsureandGo.com
Family friendly villas with Quality Villas. Book with the specialists.
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Milkround
Copyright 2010 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.