Social services 'to take baby from teenager deemed too stupid to marry'

A mother-to-be, who was banned from marrying after social workers said she is not intelligent enough, is to have her baby taken away immediately after giving birth.

Murray Wardrop

Telegraph UK
3:57PM BST 18 Oct 2009

Kerry Robertson, 17, who has mild learning difficulties, has been told that she will not be allowed to bring up her own child, who she has already named Ben.

Last month Miss Robertson was prevented from marrying her fiancé Mark McDougall, 25, after council officials claimed that she “did not understand the implications of getting married

She has now been warned that she will only be allowed a few hours with her baby, which is due in January, before it is taken into foster care.

After hearing the news, Miss Robertson, of Dunfermline, Fife, who is 26 weeks pregnant, said: “I couldn't believe it. I am so upset – I can't stop crying.”

Mr McDougall, an artist, said he wants to take on full responsibility for his son but claims that he is powerless because he is not married to Miss Robertson.

He added: “Social Services are ruining our lives. As we are not married – because social workers would not let us marry – it seems I have no rights as a dad at all.

“Kerry's gran is trying to apply for custody of Ben but social services have already told us it is unlikely she will be successful. We feel helpless.”

The extraordinary case first came to light last month when the couple’s wedding was halted 48 hours before Miss Robertson was due to walk up the aisle.

Under Scottish law, a registrar may refuse to marry a couple if they believe one or both the parties lack the mental capacity to understand what the institution of marriage is about.

In a highly unusual step, Dunfermline Register Office refused to sanction the marriage after Fife council wrote a letter of objection.

Miss Robertson was brought up by her grandmother from the age of nine months because her parents were unable to look after her and her welfare has since been overseen by the council’s social workers.

She met Mr McDougall, from Arbroath, in January and the couple planned to get married after Miss Robertson became pregnant.

Two days before the ceremony, two social workers visited their flat and told them that the marriage was illegal because of Miss Robertson’s learning difficulties.

The service and reception for 20 guests had to be called off despite the couple having already bought rings and a wedding dress.

At the time, Miss Robertson said: “I know what marriage is. It is when two folks want to spend the rest of their lives together. I love Mark and I want to get married to him.”

Mr McDougall added: “Despite arguing that we loved one another and didn't want our baby to be born to unwed parents, they would not budge. It's a nightmare.”

He claims that social services have exaggerated the extent of Miss Robertson’s learning difficulties and that she is hoping to go back to college to catch up academically.

The council said it does not comment on individual cases. But Stephen Moore, the council's executive director of social services, said: “Much of the work we do is governed by legislation. Complex decisions are made that balance risk and welfare while supporting people at times of personal or family need.

"We will always work with people for the best outcome for all involved.”

In May it was disclosed that Rachel Pullen, 24, had her three-year-old daughter taken away from her by social services when she was six months old after Nottingham City Council officials deemed her too stupid to look after the child.

LINK TO PHOTO:

Read more: http://www.dailymail.co.uk/news/article-1212867/Youre-intelligent-marry-bride-told.html#ixzz0UUZAyLHg

                                                      ORIGINAL STORY

'You're not intelligent enough to marry', bride told

Alison Smith Squire
Last updated at 10:19 PM on 11th September 2009

Social workers banned a young woman from her own wedding in an extraordinary row over whether she is bright enough to get married.

Kerry Robertson, who has mild learning difficulties, was told her wedding was being halted just 48 hours before she was to walk up the aisle with fiance Mark McDougall.

Miss Robertson, 17, had bought her wedding dress and the couple had booked the church ceremony, bought the rings and organised a reception to be held last Saturday.

But two days before they were due to say their vows in front of 20 guests, social services told the bride-to-be that she would have to cancel the big day because she 'did not understand the implications of getting married'.

Yesterday, Miss Robertson, who is five months pregnant, said the decision was cruel.

She said: 'I am still so upset about everything. I know what marriage is. It is when two folks want to spend the rest of their lives together. I love Mark and I want to get married to him.'

Miss Robertson, of Dunfermline, Fife, has been in the care of her grandmother since she was nine months old after her parents were unable to look after her, with her welfare overseen by social workers at Fife council.

In January this year, she met Mr McDougall, a 25-year-old artist from Arbroath. When Miss Robertson became pregnant, they began making wedding plans.

Mr McDougall said their nightmare began last Thursday when two social workers arrived at the flat they have shared for the past four months.

He said: 'We were about to go out and make final arrangements for our wedding when we heard a frantic rapping at the door.

'When we opened it, two social workers burst in and told us that the marriage was illegal because Kerry has learning difficulties and did not possess the capacity to make such a decision.

'Kerry burst into tears. 'But despite arguing with the social workers that we loved one another and didn't want our baby to be born to unmarried parents, they wouldn't budge.'

Under Scottish law, a registrar may refuse to marry a couple if he believes one or both the parties lack the mental capacity to understand what the institution of marriage is about.

In a highly unusual step, the registrar at Dunfermline Register Office refused to sanction the marriage after Fife council wrote a letter of objection.

Mr McDougall claims Miss Robertson's learning difficulties are not severe. 'It's true she is not very academic,' he said. 'But she is nowhere near as stupid as social services are making out.

'She is a loving caring person. She can also read and write, although not very well, and was going to college to catch up.

'I didn't even know she had learning difficulties until we'd been dating for two months.

'At that time, social services said they were pleased we were together and seemed supportive.

'For the first time in her life Kerry was truly happy so we cannot understand what all the fuss is about.'

The couple are concerned that their unborn baby, a boy they have already named Ben, could be taken away if Fife council judges Miss Robertson unable to care for him.

She now faces a psychologist's assessment to determine if she is too unintelligent to get married.

Mr McDougall said: 'We are both going to fight this all the way. We feel the fact we want to get married should be encouraged, not forbidden.'

Helen Townsend of Fife council said: 'We cannot discuss details of individual cases for reasons of confidentiality.'

Read more: http://www.dailymail.co.uk/news/article-1212867/Youre-intelligent-marry-bride-told.html#ixzz0UUbFEuVP