| Child taken from womb by social services after mother’s panic attack!

Child taken from womb by social services , The Telegraph.

Exclusive: Essex social services have obtained a court order against a woman that allowed her to be forcibly sedated and for her child to be taken from her womb by caesarean section.

A pregnant woman has had her baby forcibly removed by caesarean section by social workers.

Essex social services obtained a High Court order against the woman that allowed her to be forcibly sedated and her child to be taken from her womb.

The council said it was acting in the best interests of the woman, an Italian who was in Britain on a work trip, because she had suffered a mental breakdown.

The baby girl, now 15 months old, is still in the care of social services, who are refusing to give her back to the mother, even though she claims to have made a full recovery.

The case has developed into an international legal row, with lawyers for the woman describing it as “unprecedented”.

They claim that even if the council had been acting in the woman’s best interests, officials should have consulted her family beforehand and also involved Italian social services, who would be better-placed to look after the child.

Brendan Fleming, the woman’s British lawyer, told The Sunday Telegraph: “I have never heard of anything like this in all my 40 years in the job.

“I can understand if someone is very ill that they may not be able to consent to a medical procedure, but a forced caesarean is unprecedented.

“If there were concerns about the care of this child by an Italian mother, then the better plan would have been for the authorities here to have notified social services in Italy and for the child to have been taken back there.”

The case, reported by Christopher Booker in his column in The Sunday Telegraph, raises fresh questions about the extent of social workers’ powers.

It will be raised in Parliament this week by John Hemming, a Liberal Democrat MP. He chairs the Public Family Law Reform Coordinating Campaign, which wants reform and greater openness in court proceedings involving family matters.

He said: “I have seen a number of cases of abuses of people’s rights in the family courts, but this has to be one of the more extreme.

“It involves the Court of Protection authorising a caesarean section without the person concerned being made aware of what was proposed. I worry about the way these decisions about a person’s mental capacity are being taken without any apparent concern as to the effect on the individual being affected.”

The woman, who cannot be named for legal reasons, is an Italian national who come to Britain in July last year to attend a training course with an airline at Stansted Airport in Essex.

She suffered a panic attack, which her relations believe was due to her failure to take regular medication for an existing bipolar condition.

She called the police, who became concerned for her well-being and took her to a hospital, which she then realised was a psychiatric facility.

She has told her lawyers that when she said she wanted to return to her hotel, she was restrained and sectioned under the Mental Health Act.

Meanwhile, Essex social services obtained a High Court order in August 2012 for the birth “to be enforced by way of caesarean section”, according to legal documents seen by this newspaper.

The woman, who says she was kept in the dark about the proceedings, says that after five weeks in the ward she was forcibly sedated. When she woke up she was told that the child had been delivered by C-section and taken into care.

In February, the mother, who had gone back to Italy, returned to Britain to request the return of her daughter at a hearing at Chelmsford Crown Court.

Her lawyers say that she had since resumed taking her medication, and that the judge formed a favourable opinion of her. But he ruled that the child should be placed for adoption because of the risk that she might suffer a relapse.

The cause has also been raised before a judge in the High Court in Rome, which has questioned why British care proceedings had been applied to the child of an Italian citizen “habitually resident” in Italy. The Italian judge accepted, though, that the British courts had jurisdiction over the woman, who was deemed to have had no “capacity” to instruct lawyers.

Lawyers for the woman are demanding to know why Essex social services appear not have contacted next of kin in Italy to consult them on the case.

They are also upset that social workers insisted on placing the child in care in Britain, when there had been an offer from a family friend in America to look after her.

An expert on social care proceedings, who asked not to be named because she was not fully acquainted with the details of the case, described it as “highly unusual”.

She said the council would first have to find “that she was basically unfit to make any decision herself” and then shown there was an acute risk to the mother if a natural birth was attempted.

An Essex county council spokesman said the local authority would not comment on ongoing cases involving vulnerable people and children.

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| How Tony B’Liar helped Colonel Gaddafi in £1bn legal row!

Tony Blair helped Colonel Gaddafi in £1bn legal row ~ , and Edward Malnick, TELEGRAPH.CO.UK

Tony Blair promised to help Col Muammar Gaddafi in a billion-pound legal dispute with victims of a Libyan terrorist attack, according to official correspondence obtained by The Sunday Telegraph.

Tony Blair with Colonel Muammar Gaddafi.

Tony Blair with Colonel Muammar Gaddafi in 2007. Photo: PETER ACDIARMID/AFP

Documents show that Gaddafi turned to Mr Blair after a US court ordered Libya to pay $1.5billion (£1billion) in damages to relatives of seven Americans killed when a bomb exploded on a Paris-bound passenger jet in west Africa. According to the email, Mr Blair approached President George W Bush after promising the Libyan leader that he would intervene in the case.

Mr Bush subsequently signed the Libyan Claims Resolution Act in August 2008, which invalidated the $1.5billion award made by the court.

UTA Flight 772 from Chad was blown up on Sept 19, 1989, by Libyan intelligence services, killing all 170 passengers. The attack took place nine months after Pan Am Flight 103 was blown up over the Scottish town of Lockerbie killing 270 people.

The relatives of UTA Flight 772 had won the billion-pound court case in January 2008 after a seven-year legal battle, causing serious difficulties for the Libyan regime in the US. The ruling meant the proceeds of Libyan business deals, mainly in oil and gas but including other investments, could be seized in the US.

Mr Blair’s involvement in the case is outlined in an email obtained by The Sunday Telegraph. The document was written by Sir Vincent Fean, the then British ambassador to Libya, and was sent to Mr Blair’s aides on June 8, 2008, two days before Mr Blair met Gaddafi in Libya.

It was one of at least six private trips made by Mr Blair to Libya after he quit as prime minister in June 2007. The first trip to meet Gaddafi was made in February 2008. The previous month a US federal court had made the $1.5billion award to Flight 772 victims.

The email written by Sir Vincent outlines points for Mr Blair to raise in his meeting with Gaddafi. It also shows that a key aide to Mr Blair had met with a senior US diplomat to discuss the Flight 772 case.

Sir Vincent wrote: “On USA/Libya, TB should explain what he said to President Bush (and what Banner [a Blair aide] said to Welch [a US diplomat]) to keep his promise to Col Q [Gaddafi] to intervene after the President allowed US courts to attach Libyan assets.”

The memo went on: “He [Blair] could express satisfaction at the progress made in talks between the US and Libya to reach a Govt to Govt solution to all the legal/compensation issues outstanding from the 1980s. It would be good to get these issues resolved, and move on. The right framework is being created. HMG is not involved in the talks, although some British citizens might be affected by them (Lockerbie, plus some UK Northern Irish litigants going to US courts seeking compensation from Libya for IRA terrorist acts funded/fuelled by Libya).”

The memo reveals that Nick Banner, Mr Blair’s chief of staff in his role as Middle East peace envoy, had spoken to David Welch, the US official who was negotiating with the Libyans over compensation for victims of terrorism.

The American lawyer who had won the court order in January 2008 only to have it made invalid by the act signed by Mr Bush said his clients had “got screwed”.

Stuart Newberger, a senior partner at the international law firm Crowell & Moring, said: “This case was thwarted by President Bush, who directed the State Department to negotiate a package deal that ended all Libyan-related terrorism cases, including my judgment. I had heard rumours about Blair’s involvement but this is the first time that role was confirmed.”

He added: “I never considered this an honourable way to carry out diplomacy. It sent the wrong message to terrorist states – don’t worry about these lawsuits and judgments as the politicians will eventually fix it.”

Under the terms of the Libyan Claims Resolution Act, Libya made a one-off payment to victims of all Libyan state-sponsored terrorism including the bombings of Pan Am Flight 103, UTA Flight 772 and a Berlin discotheque. The payment, totalling $1.5billion, gave Libya immunity from all terrorism-related lawsuits.

The relatives of victims of UTA 772 received about $ 100million, rather than the court award of $1.5billion. Relatives of victims of Pan Am 103 welcomed the agreement which saw them get the final instalment of compensation already agreed. The deal meant all victims of Libyan terrorism received the same award.

The Sunday Telegraph has also obtained a separate letter, sent on June 2 from Gavin Mackay – a Foreign Office official seconded to Mr Blair in his role as Middle East peace envoy at the Office of the Quarter Representative (OQR) – to Libya’s ambassador in London.

The letter, on OQR-headed notepaper details Mr Blair’s gratitude that Libya is providing him with a private jet to fly him from Sierra Leone to Tripoli for a four-hour stopover and then on to the UK.

Sir Malcolm Rifkind, the former Foreign Secretary, expressed concern that the trip appeared to be arranged through Mr Blair’s public role as Middle East envoy.

He said: “Unless Mr Blair can come up with a convincing explanation as to why the Quartet secretariat should have been involved in this visit, it would indeed be a reason for legitimate and serious criticism.”

A spokesman for Tony Blair said: “The only conversation he ever had with regard to this matter was to give a general view that it was in the interests of both Libya and the USA to resolve those issues in a fair manner and move on.”

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