Historical Stillbirth Burials and Cremations

Justin Madders Excerpts

Thursday 6th February 2020 Commons Chamber

[Justin Madders (Ellesmere Port and Neston) (Lab)]

I do not normally start with warm words about a Minister’s speech, but what we have just heard shows great empathy for and insight into an incredibly difficult subject. I thank her for her introduction.

I express our sincere condolences to all parents who have not only suffered the loss of a baby or infant but have been denied the opportunity to grieve when their child was buried or cremated in an undisclosed place or when they did not receive their child’s ashes following the cremation. That should never have happened—it was wrong—and I am sure all Members on both sides of the House will wish to join me in extending our sympathy and full support to all those bereaved parents who found themselves in that totally unacceptable situation.

Each year, thousands of people sadly experience the loss of a baby in pregnancy, soon after birth or in infancy, and the feeling of loss and isolation can be overwhelming for bereaved parents. Nothing can remove that pain and grief, of course, but we know from evidence that good bereavement care can make a very real difference to the experience of parents and families at such a tragic time, which is why what we have heard already today has been so powerful.

Not so long ago, things were very different for parents who lost a baby during pregnancy or shortly after birth. Indeed, as we have heard, many hospital staff had to quickly remove the baby, and the parents were sent home to try again. Fortunately, this is not something everyone has to think about, but the law is clear on what must now happen to babies who are stillborn after 24 weeks of pregnancy or who die in infancy: they must be buried or cremated, and cemeteries and crematoriums must keep records of those burials and cremations.

Before the mid-1980s, it was often hospitals that took care of funeral arrangements for stillborn babies and for babies who died shortly after birth, and we know that parents were often not consulted or involved in those funeral arrangements. We can all see now that that was not the right approach.

The bodies of the babies were cremated, buried or put in a communal plot. In some cases, the bodies were placed in a coffin with a woman who had also recently passed away. Shockingly, information was not shared with either family in that situation. Many parents were not told what happened to their baby’s body when they were buried or cremated.

If the baby had been cremated, not all parents received their baby’s ashes. Some parents were wrongly told that there would be no ashes, and in some cases when ashes were recovered, they were disposed of without the parents’ knowledge. Again, we all now find that shocking, and it is extremely hard to fathom why it was allowed to be the practice at the time.

At this juncture, I echo the Minister’s tribute to my hon. Friend the Member for Swansea East (Carolyn Harris) for calling the Government to account and securing this debate. She has been a tireless campaigner for bereaved parents and, of course, she brings her own deeply moving personal experience to this place. She articulates why this is such an important issue in a way that only those who have suffered personal tragedy can and do. She is entirely right to demand help and support to enable the parents of stillborn babies to trace their graves so that they can finally commemorate their loss. It is only right that we do all we can do to support these bereaved parents, having failed them in the past.

I also want to commend all the brave individuals and families who first brought these issues to light, and those who have taken part in inquiries and consultations, sharing their own painful experiences, which we know would have been difficult, to ensure that lessons are learned and that no other families have to go through what they have gone through. I should also mention those who have worked selflessly and tirelessly to help bereaved families to trace their lost babies, as we are grateful for their efforts and extend our gratitude to them. I think we all agree that these people should never have been put in that position.

Thankfully, since the 1980s there have been significant and positive changes in the way those families are now treated. There is a much greater understanding that the care bereaved families receive from healthcare and other professionals following the loss of a child can have long-lasting effects. Indeed, the need for psychological support following pregnancy loss and stillbirth is recognised in the National Institute for Health and Care Excellence guidance, the “Better Births” report, the maternity transformation programme and the NHS long-term plan. All those documents rightly highlight the need to improve perinatal mental health care. However, we must ensure that those plans translate into action and that the needs of bereaved parents are explicitly addressed in quality standards, national guidance, training for healthcare professionals and guidance for local services. It is important that all parents who experience pregnancy and baby loss and need specialist psychological support can access it in a timely fashion.

We know that, unfortunately, good practice is not consistent across the board and we need to aim to ensure that it is. Too often, people who experience a psychiatric illness after their loss do not receive the support they need. Most mental health support is available only to mothers and is focused on women who are pregnant or have already lost their baby. As discussed in the annual baby loss debates, we urge the Government to develop a national standard, with guidance.

[Mark Tami (Alyn and Deeside) (Lab)]

We all agree that the woman, and indeed the whole family, should receive that psychological support if they need it, but just saying it does not mean that this help is getting to the people it should be reaching. In many cases, people find it almost impossible to get that support.

[Justin Madders]

I thank my right hon. Friend for his intervention, as he raises the very point: the support is not consistent across the piece. We rightly raise that issue when we discuss these matters, because we need better support, better funding and better delivery of these specialist services. As he says, this is a difficult issue and support is needed at the right time.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

I am pleased to hear what our Front Bencher is saying about this important subject, but I want to develop this point about mental health support. For families who have suffered and do not know where their baby’s ashes have been strewn, asking the local council to make inquiries, as happened in Shrewsbury with the Emstrey inquiry, goes some way to seeing whether there are answers to the questions they still have. Will the shadow Minister commit his support to local authorities that want to carry out these independent inquiries, to give whatever closure they can to families by trying to get the information they seek?

[Justin Madders]

I thank my hon. Friend for her intervention. I know about the work she has been doing in Hull. She has articulated in the past why it is clearly important for such inquiries to take place and how it is the most effective way for families to achieve closure on these difficult issues. I am certainly in support of what she says.

The availability of talking therapies for bereaved parents is not how it should be. Nearly nine out of 10 clinical commissioning groups do not currently commission talking therapies specifically for parents, and where the services do exist they are usually only for mothers. We need to do better than that. Of course, I acknowledge that there is much good practice out there, but Members will know that it is often reliant on charitable grants and third parties. That is one of the main reasons why provision is patchy and at risk from wider funding decisions. I therefore ask the Minister to undertake a review of the current provision, including an evaluation of the models of best practice. Will she ensure that parents and professionals are involved in that exercise? The Minister was absolutely right to identify that when she talked about the culture in the past.

We also need to acknowledge that although the culture today has definitely improved, it is still not where we would like it to be. As we know, most of the time those whose loved one has been involved in a tragedy in the health service just want to know why it has happened and how it can be prevented from happening again. The former Health Secretary, the right hon. Member for South West Surrey (Jeremy Hunt), has on several occasions addressed the need for us to move away from a blame culture and towards a learning culture, so that when things go wrong there is proper analysis of why things have happened and we understand how we can prevent those things from happening again.

Only this week, I have heard from a constituent who has lost a lot of faith in the system in terms of getting to the truth about what happened to one of their family. They commented that the trust seemed to spend more money on lawyers than on actually uncovering the truth, and that should not be happening. We need to move away from the defensive culture that we see on occasions. I hope that we can look at that issue, possibly through the Select Committee, because there is still a temptation for trusts to lawyer-up at the first sign of concern. Most of the time, parents and family members want answers.

Back in October we heard that the Healthcare Safety Investigation Branch annual report would share some of the learning about the more than 1,500 individual cases in which something has gone wrong in one trust. I hope that report will be available shortly. I think the quote was that it was going to be available in “early 2020”, so when she responds will the Minister update us as to when we can expect to see it?

Finally, although we rightly focus on the families in this debate, we must also not forget the impact on staff, some of whom will regularly have to deal with tragedies. The Minister set out clearly what that looks like. It is important that their voice is heard in this debate as well.

--- Later in debate ---

[Justin Madders]

With the leave of the House, Madam Deputy Speaker, I would like to sum up the debate. It has been, as these debates often are, very moving and very thought-provoking.

We heard first from the right hon. Member for South Holland and The Deepings (Sir John Hayes), who made a very fair point about whether more can be done with local authorities, in particular, in respect of public funerals. There are clearly issues about the capacity in local authorities to take on extra responsibilities, but some of the issues that he raised are really matters of sensitivity and appropriateness, rather than funding. I am sure that we can do more on that. He also made the very fair point that counselling needs to be available quickly and to the whole family. He was right to raise the issue of paternal concern, which a number of Members talked about. He also talked about the impact on grandparents, which can also be overlooked.

The hon. Member for North Ayrshire and Arran (Patricia Gibson), who has spoken very movingly on these issues on a number of occasions, also picked up on the need for support for fathers. She rightly paid tribute to Sands, which does a great deal of work in this area. She articulated particularly well the differences between parents’ experiences now and the experiences they would have had in previous decades. That contrast is stark and, in many ways, heartbreaking.

The hon. Member for East Worthing and Shoreham (Tim Loughton) spoke about the importance of the personal experiences of Members in this place and how, over recent years, that has helped to bring about change. We have heard again today personal experiences that cannot do anything other than bring about more change. He made an important point about the need for bereavement leave. I pay tribute to him for the work that he has done and the changes that he has already sought and brought about. He is right about the pre-24-week birth review. I think that needs to be resolved. As he says, it is an anomaly that does need sorting.

Of course, we could not help but be deeply moved by the contribution from my hon. Friend the Member for Swansea East (Carolyn Harris). She was incredibly brave to talk about her sister and, indeed, her own son in the way that she did. She spoke very powerfully about how hard it would have been for her mother to deal with, first, the initial tragedy with her own child and then how that was repeated with her grandchild. The whole House will send its best wishes to my hon. Friend, and a huge amount of support and respect for the way that she has brought these issues forward, which we know will have been incredibly difficult.

I join my hon. Friend in paying tribute to the work done by Paula Jackson in helping bereaved families. But she is also right to say that it should not have to be down to people like Paula—that surely more can be done to get this information to the families, who should not have to fight to get what should be theirs as of right. As she said, we really do need to get more done to make sure that families do have that opportunity to say their final goodbyes.

My hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson) paid tribute to Sands, to the Lullaby Trust, and to the all-party parliamentary group on baby loss, which has led the way on this over the past few years. It is now the fourth time that she has raised the case of her constituents Mike and Tina Trowhill and their little boy William. She took us through the tremendous efforts that she has gone to, on their behalf, to get to the truth about what happened to their baby’s ashes. The comparison that she makes between what Hull City Council did and what happened in the Emstrey inquiry is a valid one. I am sure that the persistence that she has shown so far will eventually lead to the full independent inquiry that the families clearly deserve.

It is fitting that we have had this debate today, on Time to Talk Day, because we have learned over the years that it is important to talk about these things. The more we talk about them, the more we understand and the more we can improve and change things for the better. It is through learning from personal experiences that areas such as this can see the changes that we will all see the benefit of in the long run.