
For many expectant mothers, the thought of social services removing their baby at birth is deeply distressing. Unfortunately, for some, it becomes a reality due to concerns about the baby’s welfare. Issues such as domestic violence, substance misuse, mental health struggles, or perceived parenting incapacity can lead local authorities to intervene, sometimes even before the baby is born.
However, separation is always considered a last resort, only when all other options have been ruled out. Many experts argue that earlier intervention and better support services could prevent unnecessary separations and allow more babies to remain safely with their mothers.
What does the law say?
Under the Children Act 1989, local authorities have a legal duty to safeguard children. If a baby is believed to be at risk of significant harm, social services can seek an Interim Care Order (ICO), which allows them to remove the baby from their parents’ care while further assessments are undertaken to determine the child’s long-term future. Social services cannot remove your baby without a parents consent or approval by the Court approval and then only if there is a risk to the baby’s immediate safety.
Often, local authorities have been involved for months under Child Protection (CP) plans or the pre-proceedings process (Public Law Outline, or PLO) and have known about the pregnancy for months but failed to act sooner leading to rushed decisions after birth. A recent paper in the European Journal of Midwifery argued that these mothers often face overwhelming challenges that could have been mitigated with better early intervention and support.
One major issue is that many mothers go to the hospital without a clear plan in place. Even when plans exist, last-minute changes can leave parents feeling unprepared and powerless. If social services believe your baby is at immediate risk of harm, they can apply to court for an urgent court hearing, which can take place within hours or days of birth. The hospital may be asked to keep you and your baby on the ward until a hearing takes place and a judge makes a decision.
The court will consider whether there are alternative arrangements, such as mother-and-baby residential placements or family support, could be put in place instead of immediate separation. You may also be asked to sign Section 20 consent, which would allow the local authority to remove baby from your care pending the court hearing. Make sure that you obtain legal advice before you sign anything.
This highlights the need to end the “inhumane” practice of expecting vulnerable mothers to defend themselves in court immediately after giving birth, often with no meaningful chance to demonstrate their parenting abilities, placing undue stress on already vulnerable mothers.
Many mothers receive less than seven days’ notice of the court hearing. According to the Nuffield Family Justice Observatory (NFJO), nearly 20% of mothers were given notice on the same day as the hearing.
Some experts warn that such an approach is both inhumane and counterproductive.
What needs to change?
- Earlier intervention and support – Expectant mothers at risk of local authority intervention when the baby is born, should receive all necessary support before birth. With the right help, such as mental health support, domestic abuse services, or parenting education—many families could remain together safely.
- Better pre-birth planning– Local authorities should ensure that assessments and support plans are completed well before the baby is due, allowing parents time to address concerns and demonstrate their ability to care for their child.
- Clearer national guidelines – Consistent, transparent policies should be implemented to prevent unnecessary removals. Expectant mothers should know well in advance what steps they can take to avoid court intervention.
- More transparency in Court Proceedings – Greater transparency in the decision-making process is needed, with clear oversight mechanisms to protect the rights of both parents and children. Last-minute hearings leave mothers unprepared and at times without proper legal representation. Courts should ensure fair and accessible processes for all parents.
What can you do?
If social services are involved in your pregnancy, early engagement is key. The Public Law Outline (PLO), also known as pre-proceedings, which happens before formal court proceedings, gives parents the opportunity to work with professionals to address concerns and prevent an emergency removal and escalating matters.
It is crucial that you take every opportunity to demonstrate your willingness to address concerns and engage with the professionals. This may include:
- Attending meetings with social workers and other professionals
- Participating in parenting assessments
- Accessing support services, such as mental health or substance misuse programs
- Seeking help from charities or advocacy groups that support parents in these situations
If your local authority initiates child protection or PLO proceedings, it is vital to seek legal advice as soon as possible. A solicitor can help you understand your rights, navigate the process, challenge unfair decisions and advocate for you in court.
If you are facing this situation, know that you are not alone. While the process can be daunting and overwhelming, there are legal protections in place, and with the right support, many parents successfully address concerns and keep their families together.
Seek legal advice immediately and explore all possible support options. If you need legal advice or support, contact us today—our Family Law team is here to help.