Asked by: Lord Shinkwin (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty’s Government by which method the gestation of a foetus is determined before being recorded on the HSA4 abortion notification form.
Answered by Lord O'Shaughnessy
Ultrasound scanning is commonly used to assess pregnancies in women before they undergo abortion to confirm gestation and identify abnormalities such as ectopic pregnancy or uterine anomalies. In addition, assessment of the date of onset of the last menstrual period, bimanual pelvic examination and abdominal examination may also be used. The Royal College of Obstetricians and Gynaecologists have issued guidance to doctors on termination of pregnancy, The Care of Women Requesting Induced Abortion, which makes recommendations around dating pregnancies, and Termination of Pregnancy for Fetal Abnormality in England, Scotland and Wales. Copies of both documents are attached.
Doctors are under a legal obligation to accurately complete the HSA4 form and send it to the Chief Medical Officer, either manually or electronically, within 14 days of the abortion taking place. The form requires information on the gestation of the pregnancy. No additional proof of gestation is required. All abortions and medical conditions over 23 weeks gestation are scrutinised by an independent medical practitioner contracted by the Department. In addition, forms are checked by the Department where there are inconsistencies in gestation and method of abortions and grounds and place of termination. A check is made for gestation by clinic, as some clinics are only authorised to perform abortions up to certain gestations.
Asked by: Lord Shinkwin (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty’s Government how many successful claims for wrongful birth, other than cases of failed sterilisation or vasectomy, have been made since 1990; what was the total amount of compensation awarded by the NHS Litigation Authority in each case; and for what specific disabilities was compensation awarded in successful claims.
Answered by Lord O'Shaughnessy
There are two successful claims for wrongful birth recorded in the NHS Litigation Authority (NHS LA) Claims Management System that relate to a child being born with Downs Syndrome in the period requested. The damages paid to date relating to these two cases are £7,454,200, with the total payments over the lifetime of the claims calculated to reach £10,457,242.
Data is not held on the NHS LA Claims Management System on how much the NHS LA has paid out in total since 1990 to parents of babies with disabilities who claimed that they would have had an abortion had they known earlier that their child would have a disability. To obtain the data, a manual review of the case files would be required which would incur disproportionate cost. Data would only be available from April 1995 when the NHS LA was established, as before that trusts dealt with their clinical negligence claims locally.
There have been a total of 156 successful wrongful birth claims; this figure does not include failed vasectomy or sterilisation claims. To date, these claims have resulted in payments of damages of £114,264,308 with the total payments over the lifetime of the claims calculated to reach £123,894,773. It is not possible to provide data on the specific disabilities for which compensation was awarded in these cases without a manual review of the case files which would incur disproportionate cost.
Asked by: Lord Shinkwin (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty’s Government how much the NHS Litigation Authority has paid in total since 1990 to parents of babies with disabilities who claimed that they would have had an abortion had they known earlier that their child would have a disability.
Answered by Lord O'Shaughnessy
There are two successful claims for wrongful birth recorded in the NHS Litigation Authority (NHS LA) Claims Management System that relate to a child being born with Downs Syndrome in the period requested. The damages paid to date relating to these two cases are £7,454,200, with the total payments over the lifetime of the claims calculated to reach £10,457,242.
Data is not held on the NHS LA Claims Management System on how much the NHS LA has paid out in total since 1990 to parents of babies with disabilities who claimed that they would have had an abortion had they known earlier that their child would have a disability. To obtain the data, a manual review of the case files would be required which would incur disproportionate cost. Data would only be available from April 1995 when the NHS LA was established, as before that trusts dealt with their clinical negligence claims locally.
There have been a total of 156 successful wrongful birth claims; this figure does not include failed vasectomy or sterilisation claims. To date, these claims have resulted in payments of damages of £114,264,308 with the total payments over the lifetime of the claims calculated to reach £123,894,773. It is not possible to provide data on the specific disabilities for which compensation was awarded in these cases without a manual review of the case files which would incur disproportionate cost.
Asked by: Lord Shinkwin (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty’s Government how many payments for wrongful birth, other than cases of failed sterilisation or vasectomy, were made by the NHS Litigation Authority to parents of children with Down's syndrome in each of the past five years; and what was the total cost of each payment.
Answered by Lord O'Shaughnessy
There are two successful claims for wrongful birth recorded in the NHS Litigation Authority (NHS LA) Claims Management System that relate to a child being born with Downs Syndrome in the period requested. The damages paid to date relating to these two cases are £7,454,200, with the total payments over the lifetime of the claims calculated to reach £10,457,242.
Data is not held on the NHS LA Claims Management System on how much the NHS LA has paid out in total since 1990 to parents of babies with disabilities who claimed that they would have had an abortion had they known earlier that their child would have a disability. To obtain the data, a manual review of the case files would be required which would incur disproportionate cost. Data would only be available from April 1995 when the NHS LA was established, as before that trusts dealt with their clinical negligence claims locally.
There have been a total of 156 successful wrongful birth claims; this figure does not include failed vasectomy or sterilisation claims. To date, these claims have resulted in payments of damages of £114,264,308 with the total payments over the lifetime of the claims calculated to reach £123,894,773. It is not possible to provide data on the specific disabilities for which compensation was awarded in these cases without a manual review of the case files which would incur disproportionate cost.
Asked by: Lord Shinkwin (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty’s Government how many fatal foetal abnormalities were diagnosed after 24 weeks of a pregnancy in each of the last five years.
Answered by Lord O'Shaughnessy
This information is not collected centrally.
Asked by: Lord Shinkwin (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty’s Government how many fatal foetal abnormalities were diagnosed in each of the last five years.
Answered by Lord O'Shaughnessy
This information is not collected centrally.
Asked by: Lord Shinkwin (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty’s Government what assessment they have made of the impact that payments for wrongful birth, other than cases of failed sterilisation or vasectomy, have on people living with disabilities, and public perception regarding the value of the lives of people with disabilities.
Answered by Lord O'Shaughnessy
The Department has not made any assessment of the impact of payments for wrongful birth on people living with disabilities or on public perception of the value of the lives of people with disabilities. We are committed to ensure that everyone with a disability is supported to live their life free from discrimination, and to creating opportunities for disabled people to fulfil their potential.
Asked by: Lord Shinkwin (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty’s Government, further to the Written Answer by Lord Prior of Brampton 21 November (HL3063) indicating that no equality impact assessment was conducted prior to the decision to introduce non-invasive prenatal testing on the NHS, what is the basis for the statement that they are satisfied that the screening programme is compliant with the Department’s obligations under the United Nations Convention on the Rights of Persons with Disabilities and that the programme is compliant with any obligations under the Equality Act 2010.
Answered by Lord Prior of Brampton
Non-invasive prenatal testing for Down’s, Edwards’ and Patau’s syndromes is an additional test to be offered as part of the current NHS Fetal Anomaly Screening Programme, and as it does not fundamentally alter the choices already available to women, we consider that there will be no impact on race, age, disability, gender reassignment sex or sexual orientation, religion or belief, marriage and civil partnership or pregnancy and maternity for the purposes of the Public Sector Equality Duty under the Equality Act 2010. The Department also considers that the programme is compliant with the Equality Act because it is not discriminatory and, with regard to the three elements of the Public Sector Equality Duty in s.149 of that Act, it has a neutral impact.
The Department considers that adding this optional alternative procedure to the current screening programme is compliant with the United Nations Convention on the Rights of Persons with Disabilities, as the test is intended to allow pregnant women to identify possible abnormalities in a foetus with more accuracy and in a less intrusive way than is possible through other screening procedures. Pregnant women will then be able to make a better informed choice in the light of the screening results.
All relevant equality duties will be further considered by Public Health England during the evaluative roll-out.
Asked by: Lord Shinkwin (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty’s Government, further to the Written Answer by Lord Prior of Brampton on 22 November (HL3125), whether the public disclosure of a relevant interest is sufficient in all cases relating to appointments to the UK National Screening Committee; and if not, what types of interest would prevent an individual from being appointed or from continuing to serve on the Committee.
Answered by Lord Prior of Brampton
The UK National Screening Committee (UK NSC) requests that all members declare any personal or business interests which the public might reasonably think could influence their judgement as part of the activities undertaken for the UK NSC on the conflict of interest form and declaration.
The conflict of interest form further requests for the member to include any personal direct and indirect interests, including close family members and others living in the same household. The form is consistent with those of other scientific advisory committees and upholds the seven principles of public life – the Nolan principles. Members are able to express any changes in situations at any time and are directed to withdraw from any discussions where they feel they cannot act impartially.
Termination of membership from the UK NSC may arise where the Chair takes in good belief that the member has acted dishonestly or under duress to influence a recommendation.
Asked by: Lord Shinkwin (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty’s Government what assessment they have made of the extent to which the introduction of non-invasive prenatal testing is consistent with disability equality.
Answered by Baroness Chisholm of Owlpen
Non-invasive prenatal testing for Down’s, Edwards’ and Patau’s syndromes is an additional test to be offered as part of the current NHS Fetal Anomaly Screening Programme, and as it does not fundamentally alter the choices already available to women, we consider that there will be no impact on race, age, disability, gender reassignment sex or sexual orientation, religion or belief, marriage and civil partnership or pregnancy and maternity for the purposes of the Public Sector Equality Duty under the Equality Act 2010. The Department also considers that the programme is compliant with the Equality Act because it is not discriminatory and, with regard to the three elements of the Public Sector Equality Duty in s.149 of that Act, it has a neutral impact.
All relevant equality duties will be further considered by Public Health England during the evaluative roll out.