A SOCIAL worker admitted ‘nothing’ had been done to reunite a breastfed newborn baby with his mother – despite appeals made in court by a Tusla-accredited counsellor that they should not be separated.
The social worker also told how she had been allocated to the case only five days before the court date because two colleagues had been on sick leave since an interim care order was granted weeks earlier.
asserted
order → admit → leave
Details of the distressing case are revealed in the latest tranche of reports on child care proceedings from the Child Law Project.
asserted
Details → reveal → Project
The High Court hearing from early this year also heard how the mother learned her baby had been admitted to hospital only after he had already been there for a day, and that the State child and family agency had to be ‘pressed’ to reveal his whereabouts.
asserted
agency → hear → whereabouts
The mother’s barrister said they were ‘very concerned’ the baby was not meeting his weight targets and was vomiting up formula, and that he had been prescribed Gaviscon since being put in the care of Tusla
The case of the baby – who was placed with two male foster carers who had no experience with newborns – was brought before the High Court in December 2025 after the mother’s legal team took an Article 40 application to allow the baby the right to continue to breastfeed.
asserted
team → say → right
The mother’s barrister said they were ‘very concerned’ the baby was not meeting his weight targets and was vomiting up formula, and that he had been prescribed Gaviscon since being put in the care of Tusla.
asserted
he → say → Tusla
At the hearing, the barrister asked the social worker what had been done in the last month to reunite the baby with his mother.
asserted
what → ask → mother
‘Nothing, as far as I am aware,’ the social worker replied.
asserted
worker → reply → ?
The mother later described how her baby was removed from her care on foot of the initial interim care order.
asserted
baby → describe → order
When she returned to the Rotunda Hospital in Dublin from the District Court at around 3pm on the day, she said there were lots of people in the room and her baby was taken from her ‘pretty much immediately’.
asserted
baby → return → her
The new mother was told she could not breastfeed from that point.
uncertain
she → tell → point
However, she was given a sample pot and was told she could resume breastfeeding if the tests were clear.
uncertain
tests → give → breastfeeding
She told the court a toxicology test done at Tusla’s headquarters at Northwood in Santry, north Dublin, some days later yielded a positive result.
asserted
test → tell → result
However, she said the person who carried out the tests acknowledged that the positive result might have been caused by her mental health medication.
uncertain
result → say → medication
The mother expressed her unhappiness at the length of time it was taking to get the results of repeat tests.
asserted
it → express → tests
Sources later told the Irish Mail on Sunday the results of these tests were negative.
asserted
results → tell → tests
She also told of her distress at learning that her newborn baby had been admitted to hospital shortly after he was removed from her care.
asserted
he → tell → care
The mother said she received a voicemail from an out-of-hours social worker looking to discuss her baby, but they did not leave a return number.
She then obtained Tusla’s out-of-hours numbers and eventually got through to someone who told her the baby boy was very unwell.
However, this person would not tell her where her baby was or what was wrong with him.
asserted
what → say → him
At around 1.30pm on the Saturday, she was finally told her son had been taken to Temple Street Hospital in Dublin at approximately 12.30am the previous night.
asserted
son → tell → 12.30am
A lumbar puncture was carried out on the tiny infant to rule out meningitis.
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puncture → carry → meningitis
The mother said Tusla was adamant that she was not allowed into the hospital to see her baby as it was the weekend and Tusla did not have access workers available to supervise the visit.
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Tusla → say → visit
Later the same day, the child and family agency relented and allowed the mother to visit her baby, albeit accompanied by her solicitor.
asserted
mother → relent → solicitor
At that stage, the mother said the only information she had was that her baby had a high temperature.
asserted
baby → say → temperature
She was shocked to see her little boy in a hospital bed hooked up to an intravenous cannula.
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She → shock → cannula
‘He was asleep and whimpering.
asserted
He → whimper → ?
I’d never seen him do that.
asserted
him → see → that
He curled up in my chest and immediately went to sleep,’ she told the court.
asserted
she → curl → court
The mother – who was diagnosed with Emotionally Unstable Personality Disorder in the UK in 2022 but was diagnosed with autism in Ireland in 2023 – told the court she is ‘100 per cent open to support’ and will do whatever is required to care for her baby.
asserted
whatever → diagnose → baby
The mother’s counsellor told the court she had seen a ‘significant increase in emotional regulation’ in her client, and that she was coping very well in the circumstances.
‘She is consistently showing up and putting the work in.
asserted
She → tell → work
I have no concerns.
asserted
I → have → concerns
I don’t see why she should not be allowed to parent with appropriate supports in place,’ the counsellor said, adding: ‘I am not aware of any reason why she should not be allowed to mother.’
asserted
she → see → reason
The mother’s solicitor told the court the first 24 hours after the baby was removed were ‘very difficult’ for her client.
asserted
baby → tell → client
‘Access was cancelled.
asserted
Access → cancel → ?
I wrote again with a view to engage.
asserted
I → write → view
I asked for a copy of the order that allowed them stop breastfeeding,’ the solicitor said.
asserted
solicitor → ask → breastfeeding
‘I asked for a feeding plan.
asserted
I → ask → plan
I still have not received anything.
asserted
I → receive → anything
She goes off plans.
asserted
She → go → plans
It was our intention to meet the CFA’s [Tusla] goals.
asserted
It → meet → goals
I have asked for a reunification plan.
asserted
I → ask → plan
I’ve asked for more access in the community.’
asserted
I → ask → community
…and 6 more, not listed.
The Aporia
