‘Know that your mother loved you; it is not your fault’: Judge’s heart-breaking message to baby girl of Italian woman forced to have a caesarean

Mother's lawyer says decision to make her have a c-section was 'absolutely unreasonable'

A judge in the case of the Italian woman forced to have a caesarean included in his judgement a message to the baby girl to be read when she is older.

With the mother suffering from bipolar disorder and having been “profoundly unwell” when she gave birth, Judge Roderick Newton ruled that adoption was the best route to allow the child “a permanent, predictable and stable home”.

The decision was made in February by the secretive Court of Protection, and since the case came to light in the past week it has been debated in the House of Commons and met with derision around the world.

The Ministry of Justice has now published the original judgement, in which Mr Newton gave his reasoning for refusing the Italian 35-year-old custody of her baby.

In a message for the baby, now 15 months old and known only as “P”, Mr Newton wrote: “If in later life P reads this judgment, as she may well do, I hope that she will appreciate that her mother in particular loved her and wished for her to return to live with her and to bring her up.

“It is not her fault, nor P’s, that that was not possible and that a predictable home could only be secured by way of adoption.

“P should know that the mother very much wished to parent her and bring her up and I hope that that is some small comfort both to the mother and also to P.”

Mr Newton added that he hoped the mother would be able to meet her child’s adopters, and though he said it “will not be easy”, added that it is important for P “to know that her birth family… will continue to take an interest in her”.

Speaking today to BBC’s Radio 5 Live, the mother’s Italian lawyer Stefano Oliva said: “It is a very unusual statement to be issued by a judge.”

He said there was “absolutely no reason” the woman could not be given a “second chance” to prove she can be a responsible mother to the child, and added: “This woman has only a minor mental disease, which can be cured with medicine. She is not a woman who is not able to understand what is happening around her.”

The mother was in the UK for training with an airline when she stopped taking medication. She was detained under sections 2 and 3 of the Mental Health Act in June 2012, and the local Health Trust was granted a court order to perform the caesarean.

Mr Oliva said: “I do not understand why my client has been forced to have a Caesarean section. From my point of view this decision is absolutely unreasonable.”

Essex County Council then cared for the baby while its mother recovered back home in Italy, visiting roughly once a month. In February this year her application to take permanent responsibility for the child was refused by Mr Newton’s decision.

Yesterday, she told the Italian newspaper La Repubblica: “I want my daughter back. I'm suffering like an animal.”

“They made me have a caesarean without telling me anything. The day of the birth I thought that they were just moving me from one room to another, while I was saying I wanted to go back to Italy. Then I was sedated. And when I woke up she was not with me any longer. They took her from me.”

She said two members of the baby's extended family had been “willing to take the little one into foster care”.

“But the [British] social services ignored them,” she said. “Why? Why did no one help me?”

She added: “I did not give my consent, neither orally nor in writing, to the adoption of my daughter.”

The case drew wide publicity, even though it was heard in private. The president of the Family Division, Sir James Munby, has ordered that any further applications relating to the baby, known only as P, must be transferred to the High Court.

Start your day with The Independent, sign up for daily news emails
Voices
There will be a chance to bid for a rare example of the SAS Diary, collated by a former member of the regiment in the aftermath of World War II but only published – in a limited run of just 5,000 – in 2011
charity appealTime is running out to secure your favourite lot as our auction closes at 2pm tomorrow
News
Elton John and David Furnish will marry on 21 December 2014
people
News
people
Arts and Entertainment
Caroline Flack became the tenth winner of Strictly Come Dancing
tvReview: 'Absolutely phenomenal' Xtra Factor presenter wins Strictly Come Dancing final
PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
ebooks
ebooksA year of political gossip, levity and intrigue from the sharpest pen in Westminster
Life and Style
A still from the 1939 film version of Margaret Mitchell's 'Gone with the Wind'
life
Arts and Entertainment
J Jefferson Farjeon at home in 1953
booksBooksellers say readers are turning away from modern thrillers and back to golden age of crime writing
Sport
Amir Khan is engaged in a broader battle than attempting to win a fight with Floyd Mayweather
boxing Exclusive: Amir Khan reveals plans to travel to Pakistan
News
Stacey Dooley was the only woman to be nominated in last month’s Grierson awards
mediaClare Balding and Davina McCall among those overlooked for Grierson awards
Voices
Joseph Kynaston Reeves arguing with Russell Brand outside the RBS’s London offices on Friday
voicesDJ Taylor: The great tradition of St Paul and Zola reached its nadir with a worker's rant to Russell Brand
News
Twitchers see things differently, depending on their gender
scienceNew study shows that birdwatching men have a lot in common with their feathered friends...
News
i100
News
Xander van der Burgt, at the Royal Botanic Gardens, Kew
scienceA Kew Gardens botanist has found 25 new large tree species - and he's sure there are more out there
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

Austen Lloyd: Senior Private Client Solicitor

Excellent Salary: Austen Lloyd: SURREY - An outstanding high level opportunity...

Austen Lloyd: Construction Solicitor - London

Very Competitive Salary : Austen Lloyd: NICHE CITY FIRM - We are making a disc...

Austen Lloyd: Construction Solicitor - London

Very Competitive Salary : Austen Lloyd: NICHE CITY FIRM - We are making a disc...

Recruitment Genius: Finance Director

£65000 - £80000 per annum: Recruitment Genius: Finance Director required to jo...

Day In a Page

The week Hollywood got scared and had to grow up a bit

The week Hollywood got scared and had to grow up a bit

Sony suffered a chorus of disapproval after it withdrew 'The Interview', but it's not too late for it to take a stand, says Joan Smith
From Widow Twankey to Mother Goose, how do the men who play panto dames get themselves ready for the performance of a lifetime?

Panto dames: before and after

From Widow Twankey to Mother Goose, how do the men who play panto dames get themselves ready for the performance of a lifetime?
Thirties murder mystery novel is surprise runaway Christmas hit

Thirties murder mystery novel is surprise runaway Christmas hit

Booksellers say readers are turning away from dark modern thrillers and back to the golden age of crime writing
Anne-Marie Huby: 'Charities deserve the best,' says founder of JustGiving

Anne-Marie Huby: 'Charities deserve the best'

Ten million of us have used the JustGiving website to donate to good causes. Its co-founder says that being dynamic is as important as being kind
The botanist who hunts for giant trees at Kew Gardens

The man who hunts giants

A Kew Gardens botanist has found 25 new large tree species - and he's sure there are more out there
The 12 ways of Christmas: Spare a thought for those who will be working to keep others safe during the festive season

The 12 ways of Christmas

We speak to a dozen people who will be working to keep others safe, happy and healthy over the holidays
Birdwatching men have a lot in common with their feathered friends, new study shows

The male exhibits strange behaviour

A new study shows that birdwatching men have a lot in common with their feathered friends...
Diaries of Evelyn Waugh, Virginia Woolf and Noël Coward reveal how they coped with the December blues

Famous diaries: Christmas week in history

Noël Coward parties into the night, Alan Clark bemoans the cost of servants, Evelyn Waugh ponders his drinking…
From noble to narky, the fall of the open letter

From noble to narky, the fall of the open letter

The great tradition of St Paul and Zola reached its nadir with a hungry worker's rant to Russell Brand, says DJ Taylor
A Christmas ghost story by Alison Moore: A prodigal daughter has a breakthrough

A Christmas ghost story by Alison Moore

The story was published earlier this month in 'Poor Souls' Light: Seven Curious Tales'
Marian Keyes: The author on her pre-approved Christmas, true love's parking implications and living in the moment

Marian Keyes

The author on her pre-approved Christmas, true love's parking implications and living in the moment
Bill Granger recipes: Our chef creates an Italian-inspired fish feast for Christmas Eve

Bill Granger's Christmas Eve fish feast

Bill's Italian friends introduced him to the Roman Catholic custom of a lavish fish supper on Christmas Eve. Here, he gives the tradition his own spin…
Liverpool vs Arsenal: Brendan Rodgers is fighting for his reputation

Rodgers fights for his reputation

Liverpool manager tries to stay on his feet despite waves of criticism
Amir Khan: 'The Taliban can threaten me but I must speak out... innocent kids, killed over nothing. It’s sick in the mind'

Amir Khan attacks the Taliban

'They can threaten me but I must speak out... innocent kids, killed over nothing. It’s sick in the mind'
Michael Calvin: Sepp Blatter is my man of the year in sport. Bring on 2015, quick

Michael Calvin's Last Word

Sepp Blatter is my man of the year in sport. Bring on 2015, quick