Mother seeks damages for Tusla taking day-old baby

A MOTHER whose one-day-old baby was forcibly removed from her while she was in a maternity hospital is now seeking damages from Tusla.

The High Court ruled on Tuesday that the Child and Family Agency was wrong to take the baby from his mother in such a traumatic way, without looking at other options.

However, Judge Séamus Noonan did not quash a subsequent interim care order, noting that the baby’s mother was a ‘deeply troubled woman’ who suffered delusions – and whose nine other children were already in care without any opposition from her or her husband.

Yesterday, Sunniva McDonagh SC, counsel for the unnamed mother and baby, asked Judge Noonan to award damages.

Ms McDonagh said: ‘For the mother, the only remaining issue is regarding damages. It was not a major part of our claim, but we do say that there was a breach of the European Convention on Human Rights, and that it must be appropriate to mark that.

‘We are not looking for a day’s hearing, or to file any submissions, or create additional costs in any way. We are happy for you, if appropriate, to measure the amount.’

The judge asked if there was agreement to damages by Tusla, and was told by its counsel Barry O’Donnell SC that there was not. Mr O’Donnell said: ‘Even if nominal, it does impact on my client in an important way regarding the principle.’

Judge Noonan said that if damages were not something which followed automatically in such a case, the matter should be addressed in a focused way. He set December 12 for the issue to be debated before the court.

On Tuesday, Judge Noonan ruled that no evidence had been given to the district court that any alternative to the ‘nuclear option’ of taking the baby away from its unnamed mother had been considered by Tusla. He said the baby could have remained in the hospital with supervised access allowed.