Bhatt Murphy and Birth Companions hold serious concerns about the national investigation into the use of restraints during pregnancy and birth, being undertaken by the Prisons and Probation Ombudsman.
Bhatt Murphy Solicitors (representing six women prisoners who were handcuffed during labour and while attending antenatal appointments, including internal examinations) and Birth Companions hold serious concerns about the national investigation into the use of restraints during pregnancy and birth, being undertaken by the Prisons and Probation Ombudsman (PPO).
Our concerns are focused on the lack of voice being afforded to the women who brought this horrendous treatment to light. Current plans, set out in the Terms of Reference for the investigation, do not include hearing these women’s experiences or providing any funding to support legal representation to allow them to play a role in the investigation.
In contrast to the Ministry of Justice and private contractors, the victims are being asked to participate without funding for lawyers.
This lack of voice for the women affected also applies more widely. Unless the investigation is publicised in prisons and to all those who gave birth during a period of imprisonment in the timeline being considered, then it will fail to take full account of the extent and the impact of handcuffing in pregnancy and labour. All those wishing to share relevant experiences should be heard.
Relevant hearings in this investigation must also be public, allowing victims to challenge evidence. This is particularly important given the lack of record-keeping on the use of restraints, and the level of disputes over the facts in such cases.
Jane Ryan, the Partner at Bhatt Murphy acting for the six women, commented:
“To suggest that an investigation into these systemic failures can be 'independent' or 'effective' while the Ministry of Justice simultaneously denies victims funding and a seat at the table is a sham. By treating these women as mere 'case studies' rather than victims with a legal right to be heard, the state is attempting to shield itself. This must be an investigation, not a cover-up."
Naomi Delap, CEO of Birth Companions, commented:
"It is outrageous that the practice of shackling imprisoned women while in hospital is still happening – 30 years after Birth Companions was founded in response to a national scandal on exactly this issue. This is a symptom of a broken system, unable to provide safe and decent care, unable to acknowledge medical risk, and unable to show basic compassion. This is also a closed and secretive system. For years we have argued for women to be helped to understand their rights in custody, and to know about the policies that determine their care. The fact that they don’t allows harmful treatment to continue unchecked.
"The only solution is to end the imprisonment of pregnant women in all but the most exceptional of circumstances. It just shouldn't be an option for judges or magistrates to send these women and their unborn babies into a system that endangers them in this way.”
Both Bhatt Murphy and Birth Companions insist significant changes must be made to the proposed Terms of Reference if the PPO’s work is to meet the requirements of an Article 3 investigation, fully exploring the use of restraints and the state’s duty to avoid inflicting inhuman or degrading treatment. If these changes are not made this investigation will be susceptible to judicial review.
Bhatt Murphy has submitted a formal response to the Secretary of State and is awaiting his reply.
For media enquiries, please contact katherine@birthcompanions.org.uk.