This is lifted directly from the AIMS website:
Giving birth without a midwife or doctor
Some women feel so harassed or pressurised they lose confidence and trust in the midwife and feel they would actually be safer, and more likely to achieve a normal birth, if no local midwife was present.
Those women who have told the midwife that they are unhappy with their care and are considering giving birth without a midwife at all are often told that they are not 'allowed' to birth without a midwife and they will be prosecuted if they fail to call a midwife or come into hospital. This is untrue.
The woman herself cannot be prosecuted for birthing her own baby. There is no offence in law.
Confusion has been caused by a misunderstanding of the Article 45 of the Nursing and Midwifery Order 2001 which states that it is an offence for anyone who is not a registered midwife or doctor to 'attend a woman in childbirth'. This does not mean emergency help when a baby arrives too quickly, or unexpectedly and a husband or partner, taxi driver, shopkeeper or paramedic helps.
Since so many doctors and midwives misquote this Order you might like to know what it really says in section 16:
1.A person other than a registered midwife or a registered medical practitioner shall not attend a woman in childbirth.
2.Subsection (1) does not apply -
a.where the attention is given in a case of sudden or urgent necessity; or
b.in the case of a person who, while undergoing training with a view to becoming a medical practitioner or to becoming a midwife, attends a woman in childbirth as part of a course of practical instruction in midwifery recognised by the General Medical Council or one of the National Boards.
A person who contravenes paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. (£5,000 to you and me)
The Order is intended to prevent people pretending that they have midwifery qualifications when they do not. It is not designed to prosecute those who are present at a home birth when a woman decides that she is not going to call a midwife or a doctor. As a result of this confusion AIMS lobbied the Department of Health asking for clarification. In September 2002 Jacqui Smith MP, the Minister of State at the Department of Health wrote to Julia Drown MP as follows:
'Attending a woman in childbirth, as opposed to general support given by partners and relatives, has been an offence against the protected function of midwifery since the Midwives Act 1902 and the fines are set at a level to reflect the seriousness of the offence. By 'attend' we mean, 'assume responsibility for care' and this is not intended to outlaw husbands, partners and relatives whose presence and support during childbirth are extremely important'.
Using this Order to threaten women in order to force them to comply with what the midwives or doctors want has had the unfortunate effect of increasing risks. Some women have sent their husbands or partners away while they gave birth, and truly birthed alone, to avoid what they understood to be the risk of the child's father, or their friends, being prosecuted.
Some women choose to avoid this scenario by employing an independent midwife to ensure home birth care they can rely on; or they decide not to call the NHS community midwife until labour is well advanced so the baby arrives before the midwife is able to arrive.
Britain used to have a superb domiciliary midwifery service. It is a sad reflection of the maternity services today that we have come to this. The service is very patchy, some areas still do provide excellent community care, others appear to have a policy of jollying the women along until 37 weeks and then begin to pressurise the woman into changing her booking and transfer to hospital. In Glasgow women are told that they have an 'allocation of two home births a month' and once they have exceeded that figure the remaining women will have to be delivered in hospital.
AIMS is concerned that so many women are refused the maternity care of their choice, contrary to the Department of Health's policy. Women are entitled to birth at home, indeed the latest Government report on caesarean section points out that 'healthy pregnant women with anticipated uncomplicated pregnancies should be informed that delivering at home reduces the likelihood of caesarean section'1
We are very worried by the numbers of women who have problems getting a home birth to the point that some women feel they have little alternative but to birth alone
AIMS will support any woman who is finding it difficult to get appropriate care for a home birth and we have often successfully challenged Trusts to provide an adequate service. If you are attended by a midwife in whom you have little confidence you have the right to dismiss her and the Trust has a responsibility to provide another, but do not battle on alone, contact AIMS and we will do our best to help you get the kind of care you want.