Wow, now that is a whole thread of its own.
It's late, so I'll have to pick up on this tomorrow, suffice to say, the governing framework is the NHS Constitution. The underpinning legislations are the Health Act 2009, the Mental Capacity Act 2005, the Human Rights Act 1998, the Health and Social. Care Act 2012, and the NHS Act 2006.
Addressing the first argument, the NHS Act requires that patients be treated in accordance with the Human Rights Act which gives you the right to be treated with 'dignity and respect'. The NHS Act and the NHS Constitution say...
The right to dignity includes a right not to be subjected to inhuman or degrading treatment. The right to respect includes the right to respect for private and family life.
Addressing the second argument, there are a number of legal ways you can come at this.. For example, the NHS Act requires that patients give informed consent to any treatment they receive, and that they have the right to accept or refuse that treatment. When a baby becomes the patient, the baby cannot give consent. That responsibility falls to the parent under the Mental Capacity Act 2005. Under that same act, a doctor physically examining a baby without the parents consent is committing a criminal offence of battery. If a parent makes it clear that there is no 'presumed' consent, and that all decisions to treat or examine will be made based on their informed consent, then the hospital will be unable to discharge the patient, or monitor it, without the parent being present. To discharge the patient they have to both examine it and lie and say it does not require treatment. To monitor it through the night they need parental consent, and that cannot be 'informed consent' unless the parent is present and informed of the patients well being. And the NHS Act explicitly makes it illegal to discriminate against a person based on gender.
There are a variety of other legal approaches to this, and while midwives are taught to be belligerent and obstructive, they are not allowed to conceal their identity, they are not allowed to prevent you from speeking to the head midwife, once you have asked to speak to the head midwife, if your baby is being treated (ie is the patient), they are not allowed to remove you from your babies side, no matter how long it takes them to get the head midwife to come and see you, and once she's there, it is very unlikely she will choose to ignore the law she has built her career upon. Not at her pay scale.
As I said many times, The father only has rights once the baby is the patient. Prior to that, he has no rights in respect to staying with the mother. I could see that it could be argued that the NHS Act defined respect and providing for 'privacy and family' but I can't see that working despite the wording.
If the NHS obeyed the law, and their own Constitution, all fathers would be removed from wards at end of visiting times. If that were the norm and in those circumstances, I'd like to think mothers would cut a bit of slack to those fathers who's babies have become patients undergoing care.