Shelly Smith, both names had been provided by Social Services, was a quiet, pretty and diminutive girl. She’d spent her life from birth in the care system, which she mentally referred to as the lack of care system, and knew nothing concerning her parentage. She’s always been on her own, and she’d managed. Her life in the orphanage had been hell, so at the age of six she’d left for a life on the streets, which was she considered a considerable improvement to her quality of life. Her intelligence enabled her to not only survive, but to thrive. She kept clean by bathing in the rivers and lakes, managed to earn enough from casual work, mostly cleaning and doing odd jobs for shopkeepers, to keep herself well dressed out of charity shops, and she had a place to sleep behind the heating boilers in the basement of a factory that produced motor vehicle electrical components.

Edgar, the man who tended the boilers was a pensioner, had soon came to know all about her. He’d always made her a cup when he took his tea and they became more than friends. Shelly got on well with the folks she’d worked for, but Edgar was the first person in her life she’d become close to. When they’d known each other for a couple of months he’d taken her home to his caravan [US trailer] and she’d enrolled in school as his granddaughter, Shelly Hardy. Edgar had been on his own for far longer than Shelly had been alive and for both having someone in their life made them very happy. Life was good till Edgar died when Shelly was nine. Devastated, Shelly was on her own again and back on the streets, but she soon found somewhere warm to sleep and she managed. Shelly continued to use Edgar’s surname, Hardy, because she reckoned it would make her more difficult for the authorities to trace.

Shelly wasn’t aware that she was in any way unusual, but she was extremely sensitive to other people’s intentions. She could read them like an open book. It was her ability to do so that had enabled her to avoid those who would hurt her and more to the point those who would have put her back in the care system. Her ability to discern the intents of boys when she entered adolescence served her well. For the five years following Edgar’s death Shelly lived much as she had before becoming his granddaughter. She didn’t go to school because it was too dangerous. Yet again the rivers and lakes served as her bathroom and she worked for the same sort of folks she had before though she’d moved towns several times over the half decade.

Shelly met Able Armathwaite, who always called her Shell, when she was fourteen. Able was three and a half years older than Shelly and was mesmerised by her. He couldn’t help thinking about making love with her, much to his embarrassment. Shelly was aware of his desires, but she could tell the difference between Able and the others boys she’d come across, and was fascinated by his genuine interest in her. That his interest included sexual thoughts she was more than happy about because it was genuine and merely a part of his interest in her. His desire for her was in no way selfish nor abusive, and in any case it was reciprocated. The young couple started to plan and map a future life out, a life involving marriage. Able didn’t get on with his family and was an apprentice motor vehicle technician, a mechanic. He was in part time education and was earning good money from the garage where he worked and a good deal more from his part time activities repairing garden and horticultural machinery.

Able left home and managed to rent a small apartment flat. It only had a single bedroom, but as Shelly said, “Since we only need one bed the place is big enough.” Their marriage plans would have wait because technically Shelly was a ward of the system till she was eighteen. Once she turned sixteen Shelly reëstablished contact with Social Services because there was little they could do to her and she needed the ID they had to provide so that she could reëngage with the education system. Shelly despised Mary Evans her Social Worker who made her life unnecessarily difficult whenever possible. It was clear to Shelly that Mary didn’t like children, nor indeed anyone, and enjoyed being spiteful. Mary had told Shelly that even though there was nothing she could do about Shelly living with Able and sharing his bed because she’d had the right to do that once she had turned sixteen she would never give her permission to marry. As soon as she’d turned sixteen Shelly enrolled on GCSE(1) courses at the local college of further and adult education as a full time student. It was at college that she met Margaret and the two became friends. Margaret wasn’t as clever as Shelly at sciences and mathematics, but she was better than Shelly at English and the humanities and they helped each other with their difficulties. Margaret lived with her parents and the pair often studied and did their home work at Margaret’s house.

When Shelly was sixteen and a half contraception let the couple down, though both were delighted to discover Shelly was pregnant. Margaret’s mother who liked Shelly asked how she was proposing to support herself and her baby and continue with her education. “It’s not going to be a problem,” Shelly replied. “The college has a crèche, and as you know I live with my fiancé. Able is earning more than enough to support us all and is thrilled at the prospect of being the father of our daughter. We’ve been together nearer three years than two and as soon as we can we’re getting married. But that won’t be till I’m eighteen.”

“I don’t understand. You can get married at sixteen.”

“Only with parental consent. I’m technically a ward of Social Services, so though they can’t stop us living together because I’ve turned sixteen my Social Worker has told me under no circumstances will she give me permission to marry till I’m eighteen. Then I won’t need her or anyone else’s permission.”

Susan Margaret’s mum said, “That’s outrageous. Let me tell my husband about this. He may be able to help you.” She left and came back a few minutes later and said, “Tell Earnest what you just told me, Shelly.”

Shelly didn’t see what good it would do, but she naytheless repeated the tale of her circumstances. Margaret’s dad asked her a few questions concerning her early life in the orphanage and on the streets. He asked concerning her relationship with Able, and in the end said, “You don’t have a problem. All you need is a solicitor to represent you when you apply to the court for permission to marry. A magistrate can overrule Social Services, but because they currently have custody of you they will have to be informed, and for sure they will be represented by a solicitor. You have a cast iron case. I can get you a legal aid solicitor which will cost you nothing. I am a JP(2) and I can make sure the entire local bench(3) is favourably disposed to your case regardless of who hears it. When you are married Able will automatically become your legal guardian, because he has turned eighteen. Things would have been considerably more difficult had he not turned eighteen. Would you like me to set things in motion for you?”

Shelly could scarcely believe what she had heard and nodded saying, “Yes. How long will it take? Because I’d like to be married before my baby is born. Able?” Able just nodded in agreement.

“It could be done inside the month. Often Social Services try to drag their heels when they think they may lose a case, but they can be ordered to attend or forfeit the case and if it is a matter of a baby being legitimate or illegitimate that would certainly be the case. The law is by its very nature old fashioned, but that will work to your advantage here.”

Shelly and Able met James Galbraith the solicitor at Margaret’s house. He tape recorded the entire interview and said afterwards, “This is going to be a piece of cake. I’ll have the office type up a set of notes from the recording for me and in due course inform your Social Worker via Social Services. I’ll apply for an injunction to prevent any Social Services’ employee or representative from approaching you, on the grounds of the bullying they have done in the past. That you are pregnant and thus will be perceived to be more than usually vulnerable will help. Do they know you are pregnant, Shelly?”

“I don’t think so because I’ve had no dealings with any of them for a few months and even if one of them has seen me on the street they wouldn’t know because I don’t look pregnant yet, though I suspect that will change in a few weeks. I doubt that my GP(4) or the hospital doctors have told them because if Mary knew she’d be harassing me and threatening to have the baby taken into care just to make my life miserable with worry.”

James nodded and said, “That you are concerned about that is a guarantee we’ll get the injunction. I’ll have you sign the request agreeing with the reasons I have provided. That’s not usual, but it is relatively common in cases like this. How much money have you to by a cot and the things the baby will need? If I can say you have done all that it will strengthen the case.”

Able replied, “I’ve a couple of thousand in the kitty, so more than enough.” He turned to Shelly with a delighted smile on his face, kissed her and said, “We need to go baby shopping, Shell. That’ll be fun won’t it?”

“Excellent!” said James. “I can say that unlike a lot of folk you aren’t asking for a hand out from Social Security, rather you are solvent and financially secure. When do you finish your apprenticeship, Able?”

“In six months, probably just before the baby is born, but I’ll still be going to college to acquire further certification because I want to be fully qualified and entitled to do MoTs.(5) My employer is more than pleased that I wish to follow that route and has told me the time off I’ll require to go to college will be no problem.”

“Excellent! That’s all I need to know. I’ll request an immediate hearing and that a notice of forfeiture is issued to Social Services on the grounds that a baby’s legitimacy is at stake. That will automatically be issued once it is known which magistrate is hearing the case. I’ll be off now, but I’ll let you know what is happening as soon as I know anything.”

Once James had left the couple looked at each other and just hugged. Susan, Earnest and Margaret entered the room and Earnest asked, “What did James think to your chances?”

Able replied, “He seems to think it’s a foregone conclusion, but he said Social Services won’t like it, so he’s applying for an injunction preventing them from approaching or contacting Shell in any way even through third parties.”

Susan and Margaret were hugging Shelly and Earnest said, “James is one of the best. To be honest he doesn’t like Social Services and relishes the idea of putting one over on them. When they realise he is representing Shelly, they’ll try to get a better solicitor than their usual, but James won’t care. When he goes into court he’ll have done his homework. Now let’s have a drink in the garden before dinner. By the way, Able, I’d appreciate it if you looked at my ride on lawn mower and chainsaw this weekend. I’m not asking for a favour. I’ll pay your usual rate.”

Able looked at Shelly questioningly and she said, “No you won’t. You’ve already done us a massive favour, so that will be the favour returned. Please don’t argue about it. We’re in full agreement on the matter.”

Able nodded in agreement and said, “Shell is better with words than I am, so she spoke for both of us.”

Three weeks later the case was heard by a bench of three magistrates which did not include Earnest, for he had recused himself on the grounds that he could not be considered impartial. Social Services had a better than their average solicitor, but James dismantled his case with ease. He led Shelly through her life and asked Mary Evans was it not the case that parental rights had been removed at the request of Social Services for far less. Mary denied that, but James quoted case after case after case that proved his contention. He maintained that Mary Evans had no right to be regarded as someone with the moral authority to act as Shelly’s parent. James presented photographs of the young couple’s flat with them and the baby paraphernalia they had bought and produced the receipts. He produced a statement of earnings from Able’s employer and another from his bank manager to support his independent earnings along with a statement of tax paid on it from the Inland Revenue. He also produced a testimonial from Able’s employer as to his character and value as an employee who would go to the top of his trade. The testimonial also said what Able could expect to be earning by the time he was twenty-three.

James’ final argument was that the legitimacy of a baby was involved and it was immoral of Social Services to take the stance they had taken. The baby had two loving parents who were doing everything they could to provide for their child which was more that adequate, and far more than many good parents considered necessary. They were not asking for a handout from Social Security to look after their baby. All the couple wanted was to be married, which given Mr. Armathwaite's finances was eminently reasonable since he was well able to support a wife and a family. The Social Services solicitor did his best but it was obvious to all he’d lost the case. He was gift wrapped and ready to be given away and he knew it. When the court ordered that the two had permission to marry, he left the courtroom looking relieved it was over. It was noticed that he not so much as glanced at the Social Workers present.

Mary Evans was furious, for she knew she would be subject to an internal investigation as a result of the case. She squared up to Able and Shelly, but before she could say anything the senior magistrate thundered from the bench, “Mrs. Evans, I would remind you that the injunction is still in place and should you say a word I shall hold you in contempt of court and gaol you for thirty days. I suggest you leave. I shall ensure that injunction stays in place for as long as we consider it to be necessary, which at a minimum will be till Shelly Smith, soon to be Shelly Armathwaite, reaches her eighteenth birthday. You have been warned.”

Shelly and Able left the courtroom with the order allowing them to marry and walked around the corner to the registrar’s office to give their three days’ notice to marry. They had all the necessary documentation with them, so all was in order. The case was front page news in the local papers and Social Services had egg all over their faces. The young couple decided it was easier to be interviewed than to try to avoid the press, but they added nothing to what had been said in court.

Three days later Shelly and Able were married in the registry office with Margaret and her parents as their witnesses. The five of them had dinner at a local hotel that evening. The last few days had been exciting, rewarding beyond belief and as Shelly added, “Terrifying.”

Margaret Susan Ernestine arrived into the world just over five months later in late August. The timing was perfect. Her tired but not exhausted mother nursed her holding hands with her daughter’s dad. Able was overwhelmed and just gazed at the two persons he loved more than himself. Shelly’s mind was casting back to how life had been and contrasting it with how life was now. She’d done well on her GCSE examinations and was registered to take sciences at A levels(6) in September. It was her intention to study medicine and she’d a fancy to later go for obstetrics and gynaecology. That was for the future. Right now she had to figure out how she was going to manage college with Margaret, but she’d manage, she always had, and not only wasn’t she on her own any more, she never would be. Her only regret was that Edgar had not lived to see her joy.

1 GCSE, general certificate of secondary education. The examinations sat by 15/16 year olds in the UK.
2 JP, justice of the peace, a magistrate.
3 Bench, in the UK all the magistrates in a local jurisdiction are collectively known as the bench. The word is also used for the one, two or three magistrates who are hearing a particular case.
4 GP, general practitioner, a family doctor.
5 MoT, Ministry of Transport certificate of roadworthiness all vehicles must have in the UK to be street legal. Only highly qualified mechanics are entitled to test vehicles and either pass or fail them.
6 A levels, Advanced level general certificates of education. The examinations sat by 17/18 year olds in the UK.