Mother and baby units – case significance

PAS was involved in this case at the initial stages. The case considered whether compulsory separation of a child from her imprisoned mother was in the child’s best interests and also looked at the proportionality of the interference with a child’s and mother’s right to a family life.

It was decided that the former 18 month rule on women prisoners keeping their babies in custody after birth should not be applied strictly and should allow for flexibility depending on the particular circumstances of the case.