Family from Rincón de la Victoria takes action after autistic son is taken into care

Silver's parents, Maluta Serbana and Silviu Ichim, argue that there are no grounds for the child to have been taken from them and have already challenged the decision through a court in Malaga city.

The case includes details of an accident that happened on 28 April 2026, when according to Social Services, Silver was taken to the Malaga Maternity and Children’s Hospital after falling from a small first-floor window while in the care of his 17-year-old sister. The fall was broken by an awning. The mother explained that the girl had briefly gone to the toilet when the child opened the window.

The action taken by Child Protection is not based solely on that incident. The case file includes information provided by the British authorities, who on 11 May requested Spain’s assistance regarding a possible failure to ensure the child’s welfare. The documentation details previous issues with supervision, difficulties in establishing routines and boundaries and irregular school attendance while the family was living in the UK. Silver has been diagnosed with an autism spectrum disorder and a learning disability and has difficulties with verbal communication.

Following a visit to the family home in Rincón de la Victoria, the inspectors noted shortcomings in the hygiene, sanitary conditions and organisation of the property. The report highlighted serious deficiencies in supervision, safety, hygiene and care and referred to unsupervised outings and the fall in April.

Against this background, on 5 June, the regional social inclusion office agreed to initiate the child protection proceedings, to assume provisional guardianship of the child and to arrange for the child to be placed in care. The decision, to which SUR has had access, stipulated fortnightly supervised visits with his parents and sister and telephone calls in accordance with the centre’s rules.

The implementation of the measure is one of the main points of disagreement. The defence maintains that on 9 June, Silver was "abruptly separated from his family" after accompanying his mother to an appointment and questions how the decision was communicated. The Junta notes that an interview was held with Maluta in English on that day and that the reasons for the provisional removal were explained to him, including his background in the UK, the social reports, the accident and his lack of schooling.

The family maintains that they have been unable to have face-to-face contact with Silver since then and have filed a complaint with the court regarding a "failure to effectively implement" the visiting arrangements. The parents believe that a prolonged separation could be detrimental to him given his need for support and are requesting that any meetings be organised with the assistance of specialist professionals.

On 16 June, Child Protection found Silver a place at a care centre in Albox (Almería), following an initial stay in Malaga. The defence criticises the transfer for removing him from his familiar surroundings. The records, however, show a positive trend: in early July, the director reported that Silver was "making excellent progress’" with improvements in taking education, toilet training, eating habits and trust in the care staff.

On 29 July, the family lodged an objection to the decision on child protection with the court in Malaga. The submission denies that there was any "serious neglect or negligence", considers residential care to be "extremely problematic and disproportionate" and calls for the child to be returned. It also maintains that the parents did not have full access to the case file until 25 June, although there is a record of an email from Child Protection dated 17 June which provided the lawyers with a link to a copy and arranged a meeting for 25 June.

The conflict also has a strong emotional element. “We came to Spain looking for the best for our son and they have taken him away from us,” the boy's father told SUR. His mother said that the stress is causing her hair to fall out. “We’re not asking for special treatment. We are asking for justice,” she states. Silviu maintains: “As long as I have breath in my body, I will not give up on him.” Silviu was hospitalised earlier this week after inflicting burns on his face, neck and chest, “out of desperation at the situation”.

The family is asking for Silver’s disability and his relationship with his parents and his 17-year-old sister, Ana Luna, to be taken into account. “Nobody explained anything to us, especially as I am his legal guardian. I wasn’t allowed to bring him his favourite food. There was no interpreter. My son was abducted on the basis of a lie; both of them were directly blackmailed and I say this based on the statements made by my daughter and his mother; I was in Italy at the time,” Silviu explained.

The procedure is subject to a specific time limit. The Junta’s decision cites Article 95.6 of the Andalusian Law on Children and Adolescents and sets a maximum of three months for a decision to be issued, with the case lapsing if that period elapses without an express decision being notified. While awaiting the resolution of the case and the progress of the legal challenge, the parents are calling for a review of the family situation and for a way to be found for Silver to return home with professional support. The family, represented by the lawyer Eladio Ruiz Camino, has also brought the matter to the attention of the Andalusian Ombudsman, who has already requested documentation from them in order to analyse the case.

Andalusian government sources have told SUR that the Malaga Regional Office received a communication from UK social services authorities “regarding the possible vulnerability of this family”. Following this notification, the social workers “carried out the necessary assessment and monitoring procedures, confirming that the conditions in which the child was living were not adequate, particularly given his disability”, they stated.

Regional sources have therefore explained to SUR that "while a decision is being made as to whether or not to formally declare the child to be in need of care, a provisional measure of child protection has been put in place involving residential care, always acting in the best interests of the child and with the aim of ensuring their protection and that they receive the care appropriate to their needs”.

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