A MOTHER whose baby daughter was taken away by social workers - who said her teenage son’s “sexualised” behaviour posed a threat to her - is now battling to get back the little girl.
Wigan Council removed the girl from her mother’s care when she was just a few months old after hearing of her older brother’s alleged “sexual misbehaviour”.
Other children, including a five-year-old girl, had made complaints about the boy and his little sister was sent to live with foster carers after he was accused of “inappropriately touching the baby”.
However, London’s Civil Appeal Court heard the teenager moved out of his own home last month in a move which his mother hopes may pave the way for her daughter’s return.
A family court hearing to decide if the little girl, now almost two, will be allowed to go home to her mother is due to take place shortly, Lord Justice Wilson told the court.
But, pending that, the mother, who cannot be named for legal reasons, went to the Appeal Court in a bid to exonerate her son. She argued the allegations against him should be tested in court and children who have complained about his behaviour should be subjected to cross-examination.
Rejecting the mother’s application, Lord Justice Wilson said a further delay in deciding the girl’s future was likely to be “inimical to her long-term emotional well-being.”
The judge, sitting with Lord Justice Mummery, said the mother had in the past “broadly conceded” that, if her daughter is to come home, her son would have to move elsewhere.
She had also agreed that social workers’ concerns about his behaviour were “justified” and had said she understood why her son could not live under the same roof as his baby sister.
Lord Justice Wilson added: “I regard it as clear that the mother has repeatedly accepted her son does pose a risk to her daughter.”
The judge said it would be “unnecessary, highly invidious, and damaging to the children” if the boy’s behaviour were subjected to a judicial inquiry.