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

Debate between Tim Loughton and Victoria Prentis

2nd reading: House of Commons
Friday 2nd February 2018 Commons Chamber

[Tim Loughton]

My day is complete.

Finally, let me deal with the subject of stillbirths. This is perhaps the most emotionally traumatic part of the Bill. On many occasions, the House has been moved by the personal testimonies of Members in all parts of the House who have spoken out bravely and vividly about their own family experiences. It is because of those emotional personal testimonies that this whole subject probably punches well above its weight in this place—quite rightly—and by doing so has given a voice and hope to the too many parents who are directly affected by the tragedy of stillbirth. I pay tribute to the work of the all-party group on baby loss, and particularly the work done by my hon. Friends the Members for Colchester (Will Quince), whom I am delighted is here today, and for Eddisbury (Antoinette Sandbach), the hon. Member for Lewisham, Deptford (Vicky Foxcroft), my hon. Friend the Member for Banbury (Victoria Prentis), and the hon. Member for Washington and Sunderland West (Mrs Hodgson)—and I am sure anybody I have missed will take the opportunity to intervene or make a speech later in the debate. This has been a great cross-party effort, which is something we do well in this House when we get it right.

I first became involved with this subject while shadow Children’s Minister and then later when a constituent came to me with a tragic tale of how she had suffered a series of miscarriages and then a stillbirth after 19 weeks. A stillbirth is classified as such only if the gestation period is 24 weeks or more; one day less, and that stillbirth becomes a non-viable delivery, more commonly referred to as a mid-trimester miscarriage. There are no central records of exactly how many babies are born in that way, so they do not form part of the perinatal mortality figures, which, while falling—fortunately—are still far too high in this country. Without wishing in any way to downplay the importance and pain of a miscarriage, particularly for new parents struggling to have their first child, the experiences are different. That was brought home to me most starkly by the story of my constituent Hayley.

Back in 2013, Hayley was pregnant. For nearly 20 weeks she carried the child of her partner Frazer. She felt the baby kicking; she went through all the other ups and downs of pregnancy. Previously she had suffered a miscarriage after just a few weeks. Sadly, after around 19 weeks something went wrong, and Hayley and Frazer’s baby died unborn. It was not a miscarriage, and the following week Hayley had to go through the pain of giving birth to a baby that she knew was no longer alive. She had to take powerful drugs to induce the pregnancy; she experienced contractions; and she went into Worthing Hospital and had pain relief. The following day, in June, she gave birth to her baby, Samuel. She held Samuel in her arms. She and her partner took photographs, had his hand and footprints taken and said their goodbyes.

Fortunately, Hayley was given good support by the clinical staff at Worthing Hospital—an outstanding hospital, particularly its maternity department—and had bereavement guidance later. She has an understanding employer in West Sussex County Council, and she was also fortunate to find a sympathetic funeral director, and the funeral took place two weeks later.

To all intents and purposes, Hayley went through all the experiences of pregnancy and the pain of childbirth endured by any other mother, but they were coupled in this case with the unimaginable grief of a parent who has lost a child before they could ever get to know him. She did not just go through a stillbirth: she had a still baby; she became a mum.

The crucial difference is that Hayley and Frazer’s baby is not recognised in the eyes of the state because he was born before 24 weeks’ gestation. If he had survived until 24 weeks and one day, he would have been recognised and the death properly registered in a register of stillbirths. More than just adding to the statistics, that would have been the acknowledgement of an actual, individual baby. To add further insult to injury, Hayley had to hand back her maternity exemption certificate straight afterwards. I am glad to report that the story has a happy ending, because Hayley and Frazer went on to have a child, healthy and doing well, and last year also got married.

The stark difference I have described surely cannot be right; it adds insult to the unimaginable pain that the parents have already had to suffer. Until the passing of the Still-Birth (Definition) Act 1992, which amended the Births and Deaths Registration Act 1953, the threshold was 28 weeks, so prior to that even more babies went unrecognised in official records. That change followed a clear consensus in the medical profession on the age at which a baby is considered viable. Since then, there have been cases of babies born before 24 weeks who have, incredibly, survived.

It is true that there is an informal procedure for hospitals to issue so-called commemorative certificates for foetuses that are not classified as stillbirths. They provide parents with a certificate that records their pregnancy loss before 24 weeks. The charity Sands has produced a template of a certificate of birth and encourages all hospitals to adopt it. However, it is unofficial and counts for little or nothing in the eyes of the state.

As a result of this case, I brought a ten-minute rule Bill before this House on 14 January 2014. It was supported by a number of Members here today and was widely supported across the House, but, as usually happens, it ran out of parliamentary time. However, I did take the issue further with the help of the then Health Minister my hon. Friend the Member for Central Suffolk and North Ipswich (Dr Poulter), who hosted a roundtable at the Department of Health and we were in the middle of coming up with a solution, with the aid of the Royal College of Midwives, the Royal College of Obstetricians and Gynaecologists, which has been very supportive, and the charity Sands among others. Alas, however, as has been the bane of my private Member’s Bill experience, the Minister was moved on and the initiative was lost.

This Bill would resurrect that initiative by committing the Government to holding a proper review of how we could come up with a scheme whereby the state would recognise that a child such as Samuel actually existed. For the many parents who have written to me since I first launched my Bill, it would help to bring some closure after a truly traumatic ordeal. Some of the experiences that have been revealed to me are unimaginable to those of us lucky enough not to have gone through it with their own children.

[Victoria Prentis (Banbury) (Con)]

My hon. Friend is making a powerful speech, which is very difficult to listen to. Will he go into detail about the effects of registration of a baby’s body—on the burial of the body, for example, or what happens to the remains—and also on the legal position of maternity and paternity leave for the bereaved parents?

Baby Loss Awareness Week

Debate between Tim Loughton and Victoria Prentis

Tuesday 10th October 2017 Commons Chamber

[Victoria Prentis (Banbury) (Con)]

Thank you for calling me, Mr Deputy Speaker, although I have to say it is not a pleasure to speak in today’s debate. It is absolute torture for many of the speakers who have chosen to share their experiences with the House. It is, however, a pleasure to follow the extremely knowledgeable speech, as ever, of the hon. Member for Central Ayrshire (Dr Whitford). It is so good to hear the good news from Scotland about the real developments that have come from investigation into what happens when things go wrong.

I am most grateful to business managers—even if I am quite close to some of them—for allocating time during Baby Loss Awareness Week, and to all those who organised the extension of today’s sitting. It is a testament to the way the House has changed. I am grateful that you, Mr Deputy Speaker, have chosen to be in the Chair after your traumatic experiences last year listening to us. We are most grateful to all those who have enabled this debate.

It is fair to say that maternal safety keeps me awake at night. Issues with the maternity unit at Horton General Hospital in my constituency sadly continue. It is good to see my hon. Friend the Member for Witney (Robert Courts) in his place. I do not know what keeps him awake at night. Indeed, I do not know whether he is kept awake at night. If he is, I suspect his young son probably has something to do with it, but I also know that he worries as much as I do about the future of the unit. The uncertainty goes on. My hon. Friend, other campaigners and I are not giving in. I remain convinced that the current situation is unsafe. Significant numbers of transfers are taking place during labour. Babies have been born at the side of the road and in ambulances. Mothers and their babies are not getting the sort of care that is safe, kind and close to home, which is what everybody in the Chamber wills them to get.

Out of this morass sadly comes some dreadful casework. I have noticed that when something goes wrong, the shutters come down in the health service. Hospitals are on the defensive from the beginning and legal teams are called in. In one of the saddest cases I have had to deal with over the past year, Oxford University Hospitals NHS Foundation Trust responded by saying that it would not meet me or the family in question without legal representation. My attempts to ensure that there was a full and external review of the case by MBRRACE-UK, for example, were stalled for months. This is simply not acceptable. Families, along with most of us, are motivated by a burning desire to ensure that what happened to us will not happen again. They are not interested in compensation except where that is necessary for looking after a desperately sick child. They are motivated by change in practice.

Sir Charles Pollard, the former chief constable of Thames Valley police, has been working tirelessly on producing restorative solutions in the justice sector—that is my background—and increasingly in the health sector, where the needs of all parties, including families, doctors and staff, are crucial. Constructive conversations can be had in carefully controlled environments. I think, particularly after having a lengthy conversation with my hon. Friend the Member for Sleaford and North Hykeham (Dr Johnson), that it is important to find a new language. We do not want to apportion blame to anyone in any way, unlike in the justice sector. Finding a new language would be good for families and for staff, who are often traumatised by a loss on their watch.

[Tim Loughton (East Worthing and Shoreham) (Con)]

There have been some exceptional speeches on this sensitive issue. I am not sure whether my hon. Friend is aware that my private Member’s Bill—the Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill—includes a clause to give coroners the power to investigate late-term stillbirths. Extraordinarily, that is currently not available to them. Many parents who have gone through difficult stillbirths where the circumstances are unclear would like an independent assessment of what went wrong so that everybody can learn from the situation. I am sure my hon. Friend will support that.

[Victoria Prentis]

I will most certainly support that.

The hon. Member for North Ayrshire and Arran (Patricia Gibson) made an excellent speech in which she mentioned inquests and fatal accident inquiries. I do not know why so many of us involved in this debate are lawyers; it is very strange. These are, of course, very sensitive legal issues. We are talking about when a person becomes a person—things that we have not spoken about in places such as Parliament or the courts, and perhaps should have done, over the years. We have allowed a body of law to grow up that does not fit current requirements. Even though restorative solutions are great, inquests may also be appropriate and may also act restoratively. They do not have to be legalistic. They can be inquisitive, which is why inquests came into being. Inquests and, in Scotland, fatal accidents inquiries, have an important part to play in preventing stillbirths and neonatal deaths.

Today is World Mental Health Day, so it is particularly appropriate that we are talking about the bereavement care pathway in Baby Loss Awareness Week. As we have heard from other hon. Members, the pathway is very good in places but variable in others. We are making progress but we need to do more to ensure consistency, and I know the Minister is on top of this. The Care Quality Commission does not currently ask sufficiently in-depth questions about the quality of bereavement care on offer, but I am encouraged by the constructive conversations I have had with it on behalf of the all-party parliamentary group on baby loss recently and am hopeful that we will have real progress to report this time next year.

I would like to end on a high. Petals opened its new bereavement counselling service in Banbury yesterday, in the Horton General Hospital, and I was very pleased to be there. It offers bereaved families six sessions per couple. That might not be enough, and it certainly might not be appropriate for mothers and fathers to be seen together, but the evidence shows that what it does is of very real value and that its outcomes are valuable and beneficial to the couples who use its service. Lots of charities do similar work, as is clear from our well-attended APPG meetings.

We might not enjoy these debates, but they have begun to change both perceptions and the law, and I am grateful to the Minister and the previous Member for Ipswich for all their work. I would like to finish by congratulating us all.