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?
ebooks
ebooksA special investigation by Andy McSmith
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

Ashdown Group: Technical Presales Consultant - London - £65,000 OTE.

£65000 per annum: Ashdown Group: Technical Presales Engineer - central London ...

Recruitment Genius: Physiotherapist / Sports Therapist

£20000 - £50000 per annum: Recruitment Genius: A Physiotherapist / Sports Ther...

Recruitment Genius: Sales Executive / Advisor

£8 - £9 per hour: Recruitment Genius: Sales Executives / Advisors are required...

Recruitment Genius: Warehouse Operative

£14000 - £15000 per annum: Recruitment Genius: An opportunity has arisen for a...

Day In a Page

Homeless Veterans campaign: Donations hit record-breaking £1m target after £300,000 gift from Lloyds Bank

Homeless Veterans campaign

Donations hit record-breaking £1m target after huge gift from Lloyds Bank
Flight MH370 a year on: Lost without a trace – but the search goes on

Lost without a trace

But, a year on, the search continues for Flight MH370
Germany's spymasters left red-faced after thieves break into brand new secret service HQ and steal taps

Germany's spy HQ springs a leak

Thieves break into new €1.5bn complex... to steal taps
International Women's Day 2015: Celebrating the whirlwind wit of Simone de Beauvoir

Whirlwind wit of Simone de Beauvoir

Simone de Beauvoir's seminal feminist polemic, 'The Second Sex', has been published in short-form for International Women's Day
Mark Zuckerberg’s hiring policy might suit him – but it wouldn’t work for me

Mark Zuckerberg’s hiring policy might suit him – but it wouldn’t work for me

Why would I want to employ someone I’d be happy to have as my boss, asks Simon Kelner
Confessions of a planespotter: With three Britons under arrest in the UAE, the perils have never been more apparent

Confessions of a planespotter

With three Britons under arrest in the UAE, the perils have never been more apparent. Sam Masters explains the appeal
Russia's gulag museum 'makes no mention' of Stalin's atrocities

Russia's gulag museum

Ministry of Culture-run site 'makes no mention' of Stalin's atrocities
The big fresh food con: Alarming truth behind the chocolate muffin that won't decay

The big fresh food con

Joanna Blythman reveals the alarming truth behind the chocolate muffin that won't decay
Virginia Ironside was my landlady: What is it like to live with an agony aunt on call 24/7?

Virginia Ironside was my landlady

Tim Willis reveals what it's like to live with an agony aunt on call 24/7
Paris Fashion Week 2015: The wit and wisdom of Manish Arora's exercise in high camp

Paris Fashion Week 2015

The wit and wisdom of Manish Arora's exercise in high camp
8 best workout DVDs

8 best workout DVDs

If your 'New Year new you' regime hasn’t lasted beyond February, why not try working out from home?
Paul Scholes column: I don't believe Jonny Evans was spitting at Papiss Cissé. It was a reflex. But what the Newcastle striker did next was horrible

Paul Scholes column

I don't believe Evans was spitting at Cissé. It was a reflex. But what the Newcastle striker did next was horrible
Miguel Layun interview: From the Azteca to Vicarage Road with a million followers

From the Azteca to Vicarage Road with a million followers

Miguel Layun is a star in Mexico where he was criticised for leaving to join Watford. But he says he sees the bigger picture
Frank Warren column: Amir Khan ready to meet winner of Floyd Mayweather v Manny Pacquiao

Khan ready to meet winner of Mayweather v Pacquiao

The Bolton fighter is unlikely to take on Kell Brook with two superstar opponents on the horizon, says Frank Warren
War with Isis: Iraq's government fights to win back Tikrit from militants - but then what?

Baghdad fights to win back Tikrit from Isis – but then what?

Patrick Cockburn reports from Kirkuk on a conflict which sectarianism has made intractable