New Year’s Day saw the re-opening of the three Midwifery Led Units in Bridgnorth, Oswestry and Ludlow, which is great news for local women expecting a baby in 2018. A consultation expected to propose their permanent closure and replacement with community hubs is due to be published shortly. The response from Shropshire CCG to our letter of the 7th December can be found here.
On 7th December, we wrote to Shropshire Clinical Commissioning Group to express our strong concern over the recent decision to permanently close three Freestanding Midwifery Led Units in Oswestry, Bridgnorth and Ludlow.
After the units were shut on a temporary basis last summer, we wrote to the CEO of Shrewsbury and Telford NHS Trust reminding him that the closure of the units ran contrary to national policy, most recently confirmed by “Better Births” to offer women the full range of choices in terms of place of birth and to increase the number of births taking place in midwifery-led settings in line with women’s wishes. We also advised them that choice of place of birth falls within the right to respect for private and family life conferred by Article 8 of the European Convention of Human Rights/Human Rights Act 1998.
In his response dated 4th August 2017, Trust CEO Simon Wright claimed that the temporary closures were caused by short and long term staff sickness. It is therefore very disappointing to hear that the CCG have come to a decision to permanently close the units.
You can read our most recent letter, dated 7th December 2017 here.
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Download the role description here for more information. Closing date for applications is 29 November 2017.
In response to this weekend’s news coverage of the Royal College of Midwives, Birthrights’ CEO Rebecca Schiller gave this comment to the Sunday Times:
“The RCM’s decision to change the name of its campaign to the ‘Better Births Campaign’ took place in 2014. I welcomed this and continue to value the RCM’s drive to ensure women have access to the very best births no matter their circumstances and whatever their wishes. Birthrights has worked closely with the RCM to train midwives across the country in their human rights obligations. These obligations make it very clear that – whatever the health care professional’s personal beliefs – women must always be provided with the best evidence available, pressure should never be put on them to do something they don’t want to and their decision is to be respected. Whether women want a home birth or an epidural, the RCM has demonstrated their commitment to promoting care that responds to women’s needs.
Intervention in childbirth can be life-saving and midwives work with obstetricians during complex pregnancies and births every day. However, the reality remains that many women want to avoid unnecessary intervention in childbirth as it comes with its own set of risks to their physical and emotional health. It is clear from the evidence base that, in our current maternity system, too many women who don’t want and need intervention end up with it – sometimes with long-lasting consequences. So it is essential that we ensure that midwives’ pivotal role in supporting physiological birth is protected, while remaining supportive of all women’s choices. We must also campaign with them for services that genuinely enable the women who want to, to access care that minimises their chances of having an intervention they didn’t need.
On 24th May we launched a campaign to engage with Trusts who state that they do not offer maternal request caesarean sections, thereby denying women the individual respect and consideration they are entitled to. The first Trust we wrote to was Oxford University Hospitals whose policy on offering planned caesarean sections is stated in this leaflet:
OUH responded to our original letter stating that their approach was in full compliance with NICE guidelines, and that they offered a “kind, friendly and professional service”. Unfortunately the reports we have received of women not being listened too, being left shaken by consultations, and being left distressed and anxious knowing that their request for a caesarean section would not be granted by OUH, are at odds with OUH’s account. Therefore, this week, we wrote again to the Trust, their Commissioners, Healthwatch Oxfordshire and the CQC, to share some of your stories and to urge them to reconsider their approach. If you would like to tell us about your experience or requesting a maternal request caesarean section at OUH or elsewhere, please comment below…
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Three and a half years after the original publication of this article, the right to choose a caesarean section remains one of the most common enquiries we receive at Birthrights.
Today we are launching a campaign asking you to help us identify Trusts who have a public policy of not offering caesareans unless there is a medical indication, contrary to NICE guidance and their duties under human rights law.
NHS Trusts are under pressure to reduce their caesarean section rate and there are good public health reasons for this. However in their quest to meet targets some Trusts appear to be abandoning their duty to consider cases on an individual basis and to act in accordance with NICE guidelines unless they have good, necessary and proportionate reasons. Any blanket policy not to offer elective caesareans without a medical reason is unlikely to be lawful and the fallout is felt by the very small percentage of women who, even with support, feel incredibly distressed about the idea of a vaginal birth. The reasons cited by women trying to access caesareans for non-medical reasons include physical damage from a previous vaginal birth, extreme fear of childbirth, emotional trauma after a previously difficult birth or experience of sexual violence or other violent trauma.
Birthrights wants to hold to account Trusts that do not give women the individual consideration and respect they are entitled to, and we need your help. Have you been denied a caesarean yourself? Do you know if a Trust that states publicly that it does not offer elective caesareans for no medical reason? Then do email us today at firstname.lastname@example.org so that we can write to that Trust and explain to them their obligations under human rights law.
This article explains a woman’s rights to choose an elective caesarean:
A human rights-centred approach
Birthrights is regularly asked whether women are legally entitled to a cesarean section. The question is asked both by women who seek an elective c-section and by healthcare professionals who wish to understand their obligations towards women who choose c-sections.
While women have no statutory entitlement to any particular type of maternity care in the UK, the decisions of healthcare professionals about the care that they give to women must be lawful. That means decisions must be taken in accordance with the general principles of the law, and where the care is provided by the NHS, that includes the principles of public and human rights law.
It goes without saying that a decision not to perform a c-section where it is clinically necessary to avoid harm to mother or child could lead to a retrospective claim for damages for clinical negligence. Where there is a threat to the life of mother or child, hospitals and individual clinicians are obliged to take steps to save life under Article 2 of the European Convention on Human Rights, enacted in UK law by the Human Rights Act 1998. But these are not the concerns of mothers who request a c-section when there is no immediate clinical necessity for the operation.
The right to an informed choice
Women have a right to make choices about the circumstances in which they give birth. This simple but powerful principle was established by the European Court of Human Rights in Ternovszky v Hungary (2010) under the right to private life in Article 8 of the European Convention which encompasses rights to physical autonomy and integrity. Article 8 is a ‘qualified right’ and so limitations on the right are permitted. The Ternovszky case concerned the right to give birth at home, but the principle applies equally to all choices that women make about childbirth. The decision represents a profound challenge to medical authority: if women have a legal right to make a choice, any limitation on that right must be justified. The decision-maker, whether a hospital or a doctor or midwife, must give proportionate reasons for their decision based on the individual circumstances of the woman and their reasons can be tested in court before a judge.
A reasonable request
To take the experiences of a number of women who have contacted Birthrights, if a women requests a c-section after a previous traumatic vaginal birth and explains to her midwife and obstetrician that she is afraid of giving birth vaginally again, the reasons given to her for refusing to offer a c-section can be scrutinised and balanced against her reasons for requesting a c-section. A court has not considered this sort of case before (and it seems unlikely that a case would reach court given the cost of litigation versus the much lower cost of simply providing the surgery), but a judge would undoubtedly take into account the serious effects of refusing the operation on the mother alongside obstetric risk as assessed by the doctor and, potentially, the financial cost of a c-section.
Some cases would be stronger than others. As recent research by the Royal College of Obstetricians and Gynaecologists revealed, in some UK hospitals women have a 40% chance of an emergency c-section after an induction. If a woman requests a c-section in order to avoid the induction process and the high odds of an emergency c-section or instrumental birth, and consequent potential trauma, a decision to refuse to perform the operation might be hard to justify. (And, of course, a failure to explain the likelihood of a c-section in these circumstances disables the woman’s ability to make an informed choice and casts doubt on her consent to the induction.)
We are often asked whether NICE guidelines have legal force to compel a doctor to provide a c-section. The NICE guideline on elective c-sections without a clinical indication states that women ought to be offered a c-section after discussion and an offer of mental health support. NICE guidelines are not legally binding on medical professionals. However, where a decision is made to depart form a guideline, reasons need to be given and exceptions considered in each individual case.
With thanks to RightsInfo who re-published this article last week to mark International Week for Respecting Childbirth
In March, the Department of Health launched a consultation about one of the key recommendations in the Better Births report – introducing a Rapid Resolution and Redress scheme for families whose babies suffer severe injury due to negligent maternity care. These families currently wait an average of 11.5 years to receive compensation.
Birthrights believes there is a clear need for such a scheme. However it must be designed around the needs of the families and children it is intended to serve, and it must be sustainable. Birthrights feels that the exclusion of stillbirths and neonatal deaths is arbitrary and insensitive. We are also concerned that the proposal for the NHS Litigation Authority to administer the scheme will undermine its credibility and effectiveness.
You can read Birthrights’ full response here. Please feel to draw upon our response as a basis for your own. The consultation closes on the 26th May.
The Royal College of Midwives and Birthrights today launched a new i-learn module on human rights, which is available to all RCM members.
Birthrights CEO, Rebecca Schiller commented: “With the launch of A-EQUIP planning complex care will not longer be down to a specialist. Therefore all midwives and maternity workers need to understand how human rights law can empower them to advocate for women, and to plan individualised care. This i-learn module created by the RCM in collaboration with Birthrights is an important contribution to further training midwives for this role.”
You can see the full press release here.
Speaking after the release of a statement from IMUK this week (22/03/16), Rebecca Schiller, chief executive of Birthrights, said:
Birthrights supports the actions of this group of independent midwives and women who have announced their intention to bring a judicial review of a Nursing and Midwifery Council decision that has prevented some independent midwives from providing care to the women relying on them. We believe that the NMC’s decision has breached the rights of midwives to practise their profession and women to choose their care provider.
As I made clear in my January letter to its chief executive Jackie Smith, we do not believe that the actions of the NMC have been those of a responsible regulator. There have already been very damaging consequences of this incorrect decision. The NMC has jeopardised the safety of hundreds of women and babies by effectively severing each woman’s access to continuity in her midwifery care. Faced with the absence of any comparable NHS service in their area, or following previous traumatic experiences with local maternity services, I know of a number of women who now believe that their only choice is to give birth without any medical assistance.
The nature of this decision is also in direct opposition to the positive direction of current maternity policy, which has recognised how fundamental women’s decision-making and autonomy is to safe, quality services and is seeking to expand access to maternity services that allow women and their caregivers to build relationships.
For further information about IMUK or this legal action please contact: Kiran Nagendran (0203 772 2471, email@example.com)