A national investigation has been launched into the use of restraints on pregnant prisoners during labour after reports of women giving birth while handcuffed. The Prisons and Probation Ombudsman (PPO) has agreed to undertake a national investigation into the use of restraints during pregnancy and birth.
This comes as concerns have been raised about the use of restraints on female prisoners while they give birth. Government policy already states that restraints must not be applied to pregnant prisoners unless there are exceptional circumstances justified by a comprehensive risk assessment.
It is estimated that 600 pregnant women enter UK prisons each year, with about 100 babies being born to incarcerated mothers.
Women interviewed by the Guardian newspaper have described feeling shocked and scared when restraints were not removed, saying it added anxiety during labour and left them feeling exposed and vulnerable.
The practice has been strongly criticised by several professional groups and organisations including The Royal College of Midwives and the Royal College of Obstetricians and Gynaecologists. They describe the use of restraint while in labour as ‘degrading, dehumanising and a violation of privacy and dignity’ and called for ‘immediate safeguards to protect pregnant women in prison, ensuring their safety and dignity are upheld’.
This investigation has already been criticised, however, most prominently by advocacy group Birth Companions. The group argue that the women involved have not been adequately supported, pointing to the fact that the inquiry will not provide funding for legal representation. This will limit the ability of the women to have their voices heard and could also discourage them from sharing their experiences, Birth Companions say.
Bhatt Murphy, a solicitors’ firm representing six of the women, have sent a pre-action letter to Justice Secretary David Lammy. In the letter, the firm reiterated that the investigation must allow legal representation for those affected and referenced Section 3 ECHR. Birth Companions said have received no substantive response from the Ministry of Justice.
