Ghanaian mother who force-fed baby to death wins human rights appeal to stay in Britain

The baby died of pneumonia caused by inhalation of food into her lungs

A Ghanaian nurse who force-fed her baby to death will not be deported after a court ruled it would breach her right to a "family life".

The woman, who cannot be named for legal reasons, has been granted permission to live in Britain indefinitely after a bid to deport her was overturned under Article 8 of the European Convention on Human Rights (ECHR) , which protects the right to a "family life".

The nurse, 33, was jailed for three years after she force-fed her 10-month-old daughter to death in 2011. The baby died of pneumonia caused by the inhalation of food into her lungs. The woman was released from prison in April after serving her three-year sentence.

Her criminal history and the length of her sentence made her liable for automatic deportation under Home Office rules, which state that any foreign national sentenced to 12 months or more can be "automatically deported unless they can show that this would breach their rights".

Home Secretary Theresa May attempted to deport the nurse after she had served her sentence, but the woman, who can only be referred to GHA after winning lifelong anonymity, lodged an appeal and won her case, citing Article 8 of the European Convention on Human Rights.

Previous attempts to deport her were rejected after she appealed and won her case at a lower immigration tribunal in February.  A further appeal to overturn the tribunal's ruling failed last month meaning the nurse, who came to the UK on a student visa in 2000, will be allowed to stay in the UK.

The nurse now lives with her partner and her three surviving children in a London flat after social services concluded the children were under "no significant risk of harm" and described them as a "close, committed family unit".

The Home Office is set to appeal against the tribunal’s decision.

A spokesman added: "We firmly believe foreign nationals who break the law should be deported. We are disappointed by the tribunal's decision in this case and are seeking to appeal against it.

"Through the recently passed Immigration Act, we are making it easier to remove people from the UK and harder for individuals to prolong their stay with spurious appeals, by cutting the number of appeal rights from 17 to four.

"It will also ensure that judges deal with Article 8 claims in the right way — making clear the right to a family life is not regarded as absolute and unqualified."

Start your day with The Independent, sign up for daily news emails
Have you tried new the Independent Digital Edition apps?
News
ebooksAn unforgettable anthology of contemporary reportage
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Recruitment Genius: Business Development Executive / Digital Marketing Executive

£26000 - £35000 per annum: Recruitment Genius: A luxury beauty house with a nu...

Recruitment Genius: Housekeepers - Immediate Start

£8 per hour: Recruitment Genius: This company are currently recruiting new exp...

Recruitment Genius: Head Concierge

£25000 - £28000 per annum: Recruitment Genius: This award winning Property Man...

Recruitment Genius: Content, SEO and PPC Executive

£20000 - £25000 per annum: Recruitment Genius: A fantastic opportunity has ari...

Day In a Page

On your feet! Spending at least two hours a day standing reduces the risk of heart attacks, cancer and diabetes, according to new research

On your feet!

Spending half the day standing 'reduces risk of heart attacks and cancer'
Liverpool close in on Milner signing

Liverpool close in on Milner signing

Reds baulk at Christian Benteke £32.5m release clause
With scores of surgeries closing, what hope is there for the David Cameron's promise of 5,000 more GPs and a 24/7 NHS?

The big NHS question

Why are there so few new GPs when so many want to study medicine?
Big knickers are back: Thongs ain't what they used to be

Thongs ain't what they used to be

Big knickers are back
Thurston Moore interview

Thurston Moore interview

On living in London, Sonic Youth and musical memoirs
In full bloom

In full bloom

Floral print womenswear
From leading man to Elephant Man, Bradley Cooper is terrific

From leading man to Elephant Man

Bradley Cooper is terrific
In this the person to restore our trust in the banks?

In this the person to restore our trust in the banks?

Dame Colette Bowe - interview
When do the creative juices dry up?

When do the creative juices dry up?

David Lodge thinks he knows
The 'Cher moment' happening across fashion just now

Fashion's Cher moment

Ageing beauty will always be more classy than all that booty
Thousands of teenage girls enduring debilitating illnesses after routine school cancer vaccination

Health fears over school cancer jab

Shock new Freedom of Information figures show how thousands of girls have suffered serious symptoms after routine HPV injection
Fifa President Sepp Blatter warns his opponents: 'I forgive everyone, but I don't forget'

'I forgive everyone, but I don't forget'

Fifa president Sepp Blatter issues defiant warning to opponents
Extreme summer temperatures will soon cause deaths of up to 1,700 more Britons a year, says government report

Weather warning

Extreme summer temperatures will soon cause deaths of up to 1,700 more Britons a year, says government report
LSD: Speaking to volunteer users of the drug as trials get underway to see if it cures depression and addiction

High hopes for LSD

Meet the volunteer users helping to see if it cures depression and addiction
German soldier who died fighting for UK in Battle of Waterloo should be removed from museum display and given dignified funeral, say historians

Saving Private Brandt

A Belgian museum's display of the skeleton of a soldier killed at Waterloo prompts calls for him to be given a dignified funeral