Anglesey council took ‘unlawful position’ over foster care case

A mother is suing a Welsh council after a judge ruled the authority had acted unlawfully by keeping a nine-year-old boy in foster care.

The child was placed in care by Anglesey council while his mother was receiving psychiatric treatment.

But when his mother was released, social services refused requests for her son to come home, resulting in the boy spending five months in foster care.

The boy and mother have now been reunited after a judge said the council had failed to follow legal procedures.

The hearing into the case took place several weeks ago at the family division of the High Court.

The judge said he wanted lessons to be learned from his judgement in the case, with transcripts of the hearings now released revealing the full details of what happened.

Judge Jones said the council should have applied for care orders as soon as the mother made it clear she wanted her son back.

“By failing to do so, they were essentially maintaining an unlawful position. The social services department of the council in that respect, it seems to me, were acting beyond the proper control of that local authority’s legal department.”

The judge added: “Social services are not above the law and they, like everybody else, is subject to it.”

A spokesperson for Anglesey council said: “Due to ongoing legal considerations, we are not in a position to comment on this matter.”

On Monday the family’s lawyer Frances Jones said the child had been returned to his mother immediately after the injunction was granted.

She said: “As the mother’s solicitor I am delighted to have played a part in bringing the child home. We are now continuing with the claim for damages.”