What just happened?
The Prisons and Probation Ombudsman published an investigation report outlining a recent rise in infant deaths in prison cells.
What does this mean?
The report highlights an issue with the current way that incarcerated pregnant women are treated. The report also raised recommendations to provide "specialist neo-natal medical equipment"[1] at one of the largest female prisons. This recommendation was rejected.
The incarceration of pregnant women is a complex issue that is seldom considered on the main stage. The report was an investigation into a case whereby a teenager was forced to deliver her baby alone in her cell and the baby did not survive. During the birth, "she had rung the cell bell to summon help but received none".[2]
The case in this report is far from the only case of infant death in prison, with the "harrowing case of Louise Powell"[3]expected to be investigated soon.
The current incarceration of pregnant women is leading to deaths and puts the baby as well as the mother in terrible danger. Although there are attempts for births to take place at the hospital, it is clear that this strategy is not working in all cases.
How does this impact the legal sector?
The current situation needs to change, yet this report outlining the horrific circumstances of an avoidable death did not illicit the response that was hoped for.
In his response, Dominic Raab made no mention of "reducing or ending the incarceration of pregnant women"[4] he instead stated "we have put in place important improvements to the care recieved by women in custody."[5] Notably, this does not include providing specialist neo-natal medical equipment, a key recommendation of the report, which could be an integral step in the protection of pregnant women and their babies.
These deaths and dangerous situations of births in prison opens the door to numerous lawsuits.
It has been revealed that the teenager who was a focus of the report “was not provided with bereavement support but the prison guards who failed to get her medical assistance were offered counselling.”[6] This goes to show the complete disregard for these women.
Another individual who gave birth in her cell and sadly lost her baby, Louise Powell is suing. She stated "it is not safe to have pregnant women in prison, we are just treated like a number. I can't grieve for my baby yet because there are still things I don't know, like why an ambulance was not called."[7]
There is difficulty in assessing the full extent of this problem, as the Prison Service "does not release comprehensive data on miscarriages, stillbirths and baby deaths."[8]
The solicitor representing Powell stated "if she had equivalent healthcare to the community, [the baby] may have survived. The birth of any baby in a cell is reprehensible. The only way to ensure that no further babies die behind bars is to stop imprisoning pregnant women and use community rehabilitation instead."[9]
Currently, eleven countries in the world do not imprison pregnant women, or severely restrict their incarceration. This suggests that other nations are implementing practises that protect pregnant women and their children from the horrors faced by some incarcerated women in the UK.
Naomi Delap of 'Birth Companions' stated that the current cases "demonstrate the severe risks posed to pregnant women in the prison system." She also pointed out her disdain at the government's response, saying "prison will never be a safe or appropriate place to navigate pregnancy. Yet rather than agreeing to end the imprisonment of pregnant women, as many other countries have, the government is focused on building more women's prison places, putting more lives at risk."[10]
The idea that pregnant women are giving birth alone without proper medical care is extremely concerning, even more so when it is considered that their calls for help were ignored. The current system is not doing enough to protect pregnant women and their babies, and the dismissal of the recommendation to provide neo-natal equipment within prisons highlights the lack of concern the government currently seem to have.
Legally, although incarceration suspends some rights, these women deserve more than they are currently receiving, and the rights of the baby are completely ignored. If changes are not made soon, and the incarceration of pregnant women is not reconsidered and remedied, it is quite possible, in fact it is likely, that more women and babies will be put at severe risk, and may die. How many more deaths are needed to make the government recognise.
Written by Lucy Stone
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#Mooregate Partners LLP #Scornik Gerstein LLP #Boccadutri International Law Firm #K J Smith Solicitors #Clyde & Co #FisherBroyles, LLP #Pillsbury Winthrop Shaw Pittman LLP.
References:
[1] Diane Taylor and Hannah Devlin, ‘Fear of more baby deaths as ministers stand firm on jailing pregnant women’ (The Guardian, September 2021) https://www.theguardian.com/society/2021/sep/23/fear-of-more-baby-deaths-as-ministers-stand-firm-on-jailing-pregnant-women
[2] ibid n1
[3] ibid n1
[4] ibid n1
[5] ibid n1
[6] Hannah Summers, ‘Prison guards, but not mother, get counselling after baby dies in cell’ (The Guardian, 25 September 2021) https://www.theguardian.com/society/2021/sep/25/prison-guards-but-not-mother-get-counselling-after-baby-dies-in-cell
[7] ibid n1
[8] ibid n1
[9] ibid n1
[10] ibid n1
Disclaimer: This article (and any information accessed through links in this article) is provided for information purposes only and does not constitute legal advice.