Suspending a HB service seems like a poorly thought through, knee-jerk response to a problem. I can see the dilemma, but I'm unconvinced this is the best solution. One of the reasons we were given against booking an NHS HB was that if the CMW were too busy or called in to the ward we might have to transfer in - the more times the HB service is suspended the stronger this argument appears. But then the more women that are put off even booking a HB the easier it is for the PCT to say there is no demand for the service and the easier it then is to cut... I can sympathise with the PCT, but it concerns me.
Re. the legal implications for birth with no MW, sadly I think its still a grey area. This link came up recently in another thread, from which I've taken the quotes below. The letter of the law comes form the 1902 Midwives Act and states that:
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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.
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This was clarified in a letter from the DoH to an MP in 2002, which said that:
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'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'.
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To me that's still clear as mud for instances where it was planned for the birth to happen with no MW present. I asked my IM earlier out of curiosity and her opinion was that doulas and other birth supporters (including DH's) would still need to be extremely careful. I don't think there have been any cases since the 80's, when a husband was prosecuted after declaring in a hospital that if they wouldn't support his wife at home (who, IIRC, had had an extremely traumatic first birth in hospital) then he'd do it himself. The verdict caused outrage amongst the medical profession, who felt he had been treated very unfairly, but I don't believe the decision was overturned. I wouldn't want to be involved in the test case that used that letter as the defence
I hope everyone gets the support they want/deserve/need to allow them the lowest stress and most straightforward birth possible