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Feminism: Sex and gender discussions

Forced hospital transfer in labour - for induction of labour - upheld by ECHR

108 replies

NibliaBiblia · 28/08/2026 11:58

Police and an ambulance arrived with a court order to compel the transfer to hospital if a woman safely labouring at home with her midwife - and forced her to undergo an induction of labour!

And the ECHR has upheld the court order. Dark day for our right to control our own bodies.

https://birthrights.org.uk/2026/08/27/cp-v-spain-why-a-major-european-court-ruling-on-maternity-care-is-a-wake-up-call-for-bodily-autonomy-rights/

CP v Spain: Why a major European court ruling on maternity care is a wake-up call for bodily autonomy rights - Birthrights

Birthrights 'End Coercion in Maternity Care in the UK' Report Case Study Social Services and Maternity Care blog long read

https://birthrights.org.uk/2026/08/27/cp-v-spain-why-a-major-european-court-ruling-on-maternity-care-is-a-wake-up-call-for-bodily-autonomy-rights/

OP posts:
FairKoala · Yesterday 11:01

I read the article that she did return only to find the department closed and being in Labour she returned home. She was about to give birth in the next few hours when police arrived, the results being that the birth was delayed for another 2 days

If the police and court order was about getting the baby birthed because baby was well overdue, that spectacularly back fired and had the opposite effect

I too cannot understand the ruling. If you are going to go in with all guns blazing, given they closed for the night and wouldn’t have had up to date information.

Wouldn’t a call to find out what has happened overnight been a better use of time and resources.

tpwk · Yesterday 11:02

Good. Why would she allow herself to go so overdue?

NibliaBiblia · Yesterday 11:05

tpwk · Yesterday 11:02

Good. Why would she allow herself to go so overdue?

This is such a frightening attitude to take. She almost certainly did it because she believed that giving birth with her known and trusted midwife at home was safer than going into hospital and submitting to an unknown number of vaginal exams, drugs, and monitoring (all of which have their own risks) without her consent.
Most women think an induction is safest at 42 weeks but many don't. It should be the woman's decision.

OP posts:
Weirdwonderfully · Yesterday 11:12

NibliaBiblia · Yesterday 10:44

Fair enough! Some people make bad decisions.
I'm sorry you had that happen, those three days must have been really frightening.

i feel like we forget that no two births are the same no one’s birth is identical and everyone else’s views/wants are different. I managed it okay and I do think the fact I had been in hospital 5 days prior gave me the confidence and calm I needed. I don’t feel like anyone needs to be sorry for my experience because apart from my first labour midwife I had an incredible experience albeit painful to some degree I just know next time I’m around 5 weeks to advocate to the midwife in charge If I see same midwife or anything remotely similar, as I am facing complications in this pregnancy.

KnottyAuty · Yesterday 11:20

FunPartyIdeas · 28/08/2026 23:22

@EvelynBeatrice Failures of the current NHS system should not mean that natural birth is deemed as unsafe. Change the system, not push the mother into an unecessary C-section due to lack of staffing etc.
I personally chose not to have my last born with the NHS due to all of those things you have mentioned. But not all women have the choice.
To add, my baby was born at the height of Covid. My hospital trust advised that any woman in labour must have an internal check before their birthing partner would be permitted onto the labour ward with them.
If that isn't breach of women's rights then I don't know what is.
No chance I was ever going to accept that!

Edited

That is a shocking story. Internal checks are used on busy wards where people can't have one to one continuous care.They aren't an essential component of birthing safety but are so commonly used for the benefit of staff/treatment protocols many women are unaware. One-to-one care from a midwife who knows the mother is the gold standard on safety in birth but strangely isn't offered on the NHS... if maternity services were genuinely focussed on safety they would look a lot different.

oviraptor21 · Yesterday 11:25

CoupDeToe · 28/08/2026 13:22

Don't @ me. It's considered bad etiquette on this forum.

Most ordinary people would consider that the baby has some form of rights at 42+ weeks. I have read accounts on the other boards of women having stillbirths because they have ignored their doctors suggesting induction because they want to do their natural thing.

There's no point arguing with people with such extreme positions. There are so many people on this forum who think that the woman should even have a right to an abortion at 40+ weeks. I won't be back on this thread and leave you to it.

Really. First I've heard of that "rule". If you don't want to quote an entire post then @ is the best way of referring back to that person's post. I will continue to do it when appropriate.

tpwk · Yesterday 11:26

NibliaBiblia · Yesterday 11:05

This is such a frightening attitude to take. She almost certainly did it because she believed that giving birth with her known and trusted midwife at home was safer than going into hospital and submitting to an unknown number of vaginal exams, drugs, and monitoring (all of which have their own risks) without her consent.
Most women think an induction is safest at 42 weeks but many don't. It should be the woman's decision.

No. It’s not safer at all.

NibliaBiblia · Yesterday 11:39

tpwk · Yesterday 11:26

No. It’s not safer at all.

That's your opinion and it's perfectly valid but it should be her decision to make.

OP posts:
KnottyAuty · Yesterday 11:40

DitheringDaisyPetal · Yesterday 10:31

Yes your placenta can stop working. However I know from experience that dates
determined by scans can be very inaccurate. So you could say that every pregnant woman who gets to 40 +2 according to her scan dates will be forced to have an induction whether she likes it or not, and involve the police where necessary. But the date is arbitrary, many of those women won’t actually be that far along in their pregnancy. And how can a woman have trust in her care providers if she knows that they can force her to have a procedure against her will? That would result in women withholding information from the medics to give themselves breathing space,
and stepping back from the monitoring processes that can be helpful at that point. Overall it would do far more harm than good.
Am induction is no guarantee of safety, even without taking in to account some of the procedural issues that we were all aware of but have now been logged in Amos’s report.

I wish you well with your labour. Please bear in mind that you do have agency and are entitled to ask questions of your caregivers and are entitled to full answers.

Absolutely this!
The rough rules of thumb about due date are just that. Rough/approximate for the average woman. Statistically there will be maybe 5-10% of women who would safely exceed the 40+2 guidance. The problem is knowing who they are in advance. Both my pregnancies went over 40+2 by a couple of days. Before anyone says anything about being reckless - safety was addressed with increased observation and monitoring. There are different ways of doing things available to those who ask. The idea that there was only one option to the woman in the OP seems really odd - the article doesn't mention if she was offered a second opinion.

I'm reminded of that case where the family wanted a specialist cancer treatment for their child which was not available so they left an NHS hospital to go to their home country (Poland?). I think they were being told to accept a treatment with a poor chance of success? Their departure sparked a huge manhunt where the parents were to be arrested and it was suggested they had opted for quackery. I believe the eventually had him treated in poland. Much less reported is that the NHS built a massive specialist centre for UCL to offer this treatment in the UK... One doctor's opinion is not always 100% reliable. Patients have to be able to work with their carers. Calling the police is not OK in these borderline cases

EvelynBeatrice · Yesterday 12:48

Hoardasurass · Yesterday 09:53

Babies born by vaginal delivery are exposed to the mothers vaginal bacteria which improves their immune system and the squeezing action helps clear their lungs of fluid. Both of these are shown to lower the risks of asthma and allergies.
All in all where possible (ie no complications that would prevent a safe delivery) its better for both mother and baby to have a natural delivery.
Also it takes on average 4 weeks to recover from a vaginal birth whereas it takes 4 months to recover from a c section

But most first time mothers in many areas won’t have a complicated free natural birth. I believe that the safety list ranges from
1 completely intervention free natural birth
2 elective C- section (ie non emergency)
3 instrumental ‘natural’ birth ( excluding forceps)
4 emergency section
5 forceps
In many cases individual women are never going to achieve a 1. because of personal physical and mental features, which makes 2. a sensible option for some women, particularly in the U.K. At least you’re assured of medical attention and pain relief for 2. !

Oliwiaa · Yesterday 12:58

Weirdwonderfully · Yesterday 08:31

Obviously however if you go too far over your placenta can stop working. A risk of still birth is higher etc so why would anyone want to run these risks on their unborn child or themselves why would anyone want to risk loosing their baby and having to give birth and cause harm to yourself or the unborn it’s mental that some women are so okay with these choices because in my opinion it’s safer to bring labour on than sit around and watch the risks increase

That's fine, you can have that opinion about your own body.
It's not fine to impose your opinion on other women's bodies.
People do risky things all the time. I'd never go bungee jumping or ride a motorbike but if you want to, that's your choice.

NibliaBiblia · Yesterday 12:59

EvelynBeatrice · Yesterday 12:48

But most first time mothers in many areas won’t have a complicated free natural birth. I believe that the safety list ranges from
1 completely intervention free natural birth
2 elective C- section (ie non emergency)
3 instrumental ‘natural’ birth ( excluding forceps)
4 emergency section
5 forceps
In many cases individual women are never going to achieve a 1. because of personal physical and mental features, which makes 2. a sensible option for some women, particularly in the U.K. At least you’re assured of medical attention and pain relief for 2. !

There's a big one missing from your list - intervention heavy labor that still manages to result in a vaginal birth. Most women have sweeps, go to hospital, have vaginal exams, maybe their waters broken or syntocinon if they're "too slow", coached pushing, maybe ctg, probably syntocinon for the placenta, etc

OP posts:
bababamama · Yesterday 13:03

was the mother refusing to transfer to hospital against medical advice? That is key. Health professionals adhere to do no harm, not transferring could come under this but I’m not familiar with this situation

Oliwiaa · Yesterday 13:11

bababamama · Yesterday 13:03

was the mother refusing to transfer to hospital against medical advice? That is key. Health professionals adhere to do no harm, not transferring could come under this but I’m not familiar with this situation

Are we legally obliged to follow all medical advice?
Does that apply to men too, or just women?

NibliaBiblia · Yesterday 13:14

Oliwiaa · Yesterday 13:11

Are we legally obliged to follow all medical advice?
Does that apply to men too, or just women?

And which medical advice? It differs from country to country and practitioner to practitioner.

OP posts:
Soontobe60 · Yesterday 13:14

NibliaBiblia · 28/08/2026 12:59

Wow.

Let’s be very clear here - a mother was overdue, her test results indicated a possible significant problem which could result in harm to both mother and baby, mother ignored such issues and chose to stay at home until she had the choice removed from her.
The legal position is from the view of the unborn baby. Bodily autonomy does not, thankfully, mean you can make decisions regarding delivery that will potentially cause the death of baby.
As an aside, when a report chooses to use the term ‘pregnant woman and birthing parent’ it speaks volumes about priorities.

AstonCanKissMyArse · Yesterday 13:15

Soontobe60 · Yesterday 13:14

Let’s be very clear here - a mother was overdue, her test results indicated a possible significant problem which could result in harm to both mother and baby, mother ignored such issues and chose to stay at home until she had the choice removed from her.
The legal position is from the view of the unborn baby. Bodily autonomy does not, thankfully, mean you can make decisions regarding delivery that will potentially cause the death of baby.
As an aside, when a report chooses to use the term ‘pregnant woman and birthing parent’ it speaks volumes about priorities.

Why don't you read the thread? This has been argued at length.

ETA youre not "being very clear', you're misrepresenting what happened.

Oliwiaa · Yesterday 13:17

Soontobe60 · Yesterday 13:14

Let’s be very clear here - a mother was overdue, her test results indicated a possible significant problem which could result in harm to both mother and baby, mother ignored such issues and chose to stay at home until she had the choice removed from her.
The legal position is from the view of the unborn baby. Bodily autonomy does not, thankfully, mean you can make decisions regarding delivery that will potentially cause the death of baby.
As an aside, when a report chooses to use the term ‘pregnant woman and birthing parent’ it speaks volumes about priorities.

Should all women who experience pregnancy losses be arrested on suspicion of murder in case their decisions potentially caused the death of the baby?

Soontobe60 · Yesterday 13:17

NibliaBiblia · 28/08/2026 13:51

Sometimes it is not possible to have a safe home birth, but this is not a woman deciding to transfer for her safety. It's the police turning up and forcing her into the hospital. It's barbaric.

I’d be interested to know if she told the midwife present at her home about the advice that the doctors had given, and the test results which indicated a hospital delivery. Because if the midwife did know all this, they acted recklessly in the circumstances.

Soontobe60 · Yesterday 13:20

Oliwiaa · Yesterday 13:17

Should all women who experience pregnancy losses be arrested on suspicion of murder in case their decisions potentially caused the death of the baby?

Don’t be so dramatic.
There are many instances when the courts will decide to take action that a patient - or their family - may be against. If a mother refused to let her child undergo life saving surgery for something like a ruptured appendix should the courts be allowed to intervene or just wait for the child to die? If the mother then went into hiding with their child to avoid surgery then yes, she should be charged with causing the death of her child.

NibliaBiblia · Yesterday 13:21

Soontobe60 · Yesterday 13:20

Don’t be so dramatic.
There are many instances when the courts will decide to take action that a patient - or their family - may be against. If a mother refused to let her child undergo life saving surgery for something like a ruptured appendix should the courts be allowed to intervene or just wait for the child to die? If the mother then went into hiding with their child to avoid surgery then yes, she should be charged with causing the death of her child.

Should we all be taken to hospital by police at 42 weeks? That's what happened here.

Technically the police did not accompany her, but they were they to force her is she resisted.

OP posts:
Soontobe60 · Yesterday 13:22

AstonCanKissMyArse · Yesterday 13:15

Why don't you read the thread? This has been argued at length.

ETA youre not "being very clear', you're misrepresenting what happened.

Edited

No I’m not. That is what happened. What we don't know is what the woman told the home birth midwife.

Soontobe60 · Yesterday 13:22

NibliaBiblia · Yesterday 13:21

Should we all be taken to hospital by police at 42 weeks? That's what happened here.

Technically the police did not accompany her, but they were they to force her is she resisted.

Edited

It depends on the circumstances - clearly you’re ignoring this though.

NibliaBiblia · Yesterday 13:24

Soontobe60 · Yesterday 13:22

It depends on the circumstances - clearly you’re ignoring this though.

I'm really not.
You're ignoring that the woman was aware of the risks and made the best decision for her and her baby with the information available to her. As almost every mother does.

OP posts:
Oliwiaa · Yesterday 13:24

Soontobe60 · Yesterday 13:20

Don’t be so dramatic.
There are many instances when the courts will decide to take action that a patient - or their family - may be against. If a mother refused to let her child undergo life saving surgery for something like a ruptured appendix should the courts be allowed to intervene or just wait for the child to die? If the mother then went into hiding with their child to avoid surgery then yes, she should be charged with causing the death of her child.

Would a court take action if a patient with capacity declines to follow medical advice for themselves?
Would a man ever be in a situation where a court orders police to take him to hospital for a medical procedure against his will?