Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill

Baroness Benjamin Excerpts

2nd reading (Hansard): House of Lords
Friday 18th January 2019 Lords Chamber

[Baroness Benjamin (LD)]

My Lords, I, too, thank the noble Baroness, Lady Hodgson, for bringing this Bill to the House. I want to speak on Clause 3 of this important and brave Bill and on the traumatic and devastating issue of baby loss, which sadly affects around one in four pregnancies each year across the UK, resulting in around 258,000 losses. It is estimated that around 38 million baby losses occur globally each year. I am one of those statistics, as I have experienced three miscarriages, and I am sure most women in this Chamber have also experienced a miscarriage or know of someone who has. It is heartbreaking. As in my miscarriages, the majority of people who experience baby loss do so during the first 24 weeks of pregnancy, yet sadly these individuals, couples and families have no formal recognition of their child’s life, as current legislation provides certification and registration only for loss that occurs after 24 weeks’ gestation.

Thirty-five years ago, I tried to raise this issue by attempting to get a television programme commissioned to highlight the issue, but at the time it was a taboo subject, and the programme was not made. For years, women and their partners have suffered in silence. I am thankful that six years ago the significant and important issues surrounding baby loss were highlighted globally by Zoe and Andy Clark-Coates, the founders of the Mariposa Trust, better known as the charity Saying Goodbye. I declare an interest as one of its ambassadors. They have worked tirelessly to provide crucial support to parents, siblings, grandparents, extended families and friends affected by this type of bereavement. They provide international services of remembrance that allow tens of thousands of families to have their babies publicly acknowledged for the first time. They also provide training to raise the standard of care given to those devastated people and campaign for improvements in how bereaved parents are cared for and supported by the NHS and beyond.

Zoe and Andy formed the charity because of their five-times personal tragedy of baby loss. Those experiences showed them the desperate need for parents to receive better support. They knew that improvements in the care people received at the time of loss, as well as access to information and advice, were essential, so the charity has developed key resources, provided free of charge, that are widely used across the NHS and support groups. They have also pioneered the use of social media to support people effectively. Two years ago, when I heard Zoe’s inspirational call for a new baby loss certificate, I pledged to work with her to make it a reality, so I introduced a Private Member’s Bill, the Certificate of Loss Bill, in the hope of giving grieving parents the opportunity, for the first time, to receive a document that would show that their child existed.

It is with this in mind that I want to speak today, given the progress of the Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill introduced by the honourable Tim Loughton MP in the other place. To give some history about where we are, in February 2018, the right honourable Jeremy Hunt MP, the then Secretary of State for Health and Social Care, announced that he wanted to launch a review into the introduction of certificates for babies lost prior to 24 weeks’ gestation. This coincided with the Second Reading of Tim Loughton’s Bill, which in Clause 3 asks for a review of the registration of baby loss. In March 2018, the Secretary of State appointed Zoe Clark-Coates to co-chair the review, utilising her expertise as a leader in the field of grief and baby loss, as an author on the subject and as a mother who has experienced baby loss.

Following the announcement of the review, the Secretary of State expanded it to include a review of all care relating to baby loss. Over the past 10 months, the national pregnancy loss review has been conducted by Zoe and her co-chair Samantha Collinge, a specialist bereavement support manager at the University Hospitals Coventry and Warwickshire NHS Trust. They have gone to extraordinary lengths to investigate how parents are cared for and supported following the loss of their babies and whether certification should be introduced. They have visited numerous hospitals to speak to front-line NHS nurses, doctors and midwives, conducted forums with bereaved parents around the country and engaged with stakeholders and religious and minority groups, as well as local and national charities, parliamentarians and other experts in the field. They have seen passionate and hard-working midwives, doctors and medical professionals going to extreme lengths to care for people, witnessed both good and bad practice, heard horrific stories of care going wrong and seen the shortfalls in the current provision of care. They are currently finalising their recommendations, which will be published this year.

This review is the start of what should be a major overhaul of how bereaved parents are cared for following loss. The introduction of certification would be a significant move towards providing parents with formal recognition that their child existed, which is what everyone universally is calling for. I have made this recommendation to the right honourable Matt Hancock, the current Secretary of State for Health and Social Care, who, along with others, I hope shares my belief that the findings of this review need to be actioned and not just left on a shelf to gather dust.

I fully support introducing registration and certification for losses that occur before 24 weeks’ gestation where the following conditions are met: that the scheme is voluntary and there is no legal requirement for a parent of the child to register the loss; that all loss pre-24 weeks is eligible for registration; that medical verification is optional; and that retrospective registration and certification is available for all future and past pre-24-week losses, which will help people on their bereavement journey.

It has become clear that medical verification might not be available for the registration of all cases of pre-24-week loss. Those experiencing early loss might never have been seen by medical professionals, and early first-trimester loss might have been managed at home outside the medical environment. Therefore, I support the recommendation that medical verification should be optional and that, if no verification is available, that should not prevent parents registering their loss. This would allow the greatest flexibility for applicants and would support retrospective registration where medical verification might no longer be available.

I believe that registration and certification should be as inclusive and generous as possible, and that therefore all loss pre-24 weeks should be eligible for registration should the parents choose to do so, as this offers true compassion. In the spirit of this generosity, retrospective registration should also be available. It is clear from various sampling conducted by the Mariposa Trust and other organisations that there is a high demand for this. In a survey conducted by the trust in January 2017, of the 2,634 responders, 82.4% stated that a certificate being issued to them would have made a real difference and 88.4% stated that the issue was very important to them.

I believe that we are at a crossroads. We could continue to give sub-standard support and not formally recognise these losses for what they are—the death of a baby—or we could acknowledge the long-term negative effects of baby loss, such as trauma, relationship breakdown, and physical and mental health issues, including post-traumatic stress disorder, and do everything we can to address them. I believe that we should embrace the national pregnancy loss review findings and support the implementation of its recommendations to improve care across the NHS, as well as implement certification. I also believe that the current chairs of the review should be engaged to oversee the implementation and outworking across the NHS and beyond. They have the expertise and experience to do so with dedication, compassion and commitment. Clause 3 lays a foundation for certification to be introduced, so I strongly believe that it should be supported on its journey through the House of Lords.

In conclusion, to focus our minds on the importance of this issue and the devastating effect of baby loss, in the time I have taken to speak in this debate today, around five families in the UK and 650 families around the world will have lost a baby.