bumbley, I think I am right in saying that it is a clinical decision when to offer treatment. There may well be guidelines put in place by the RCOG or NICE or the hospital, but I doubt they could overrule an individual doctor's judgment on a particular baby.
Of course, there is a stage below which the presumption must be that the baby will not live, so even if it was born showing signs of life no treatment would be offered. I would guess 19 weeks would certainly fall into that category but I am not a doctor so this is just my guess. I can't remember at what stage of gestation the charities had to have the presumption of a possibility of life (with incubator ready, referral route to local hospital organised etc) - maybe 18 weeks? In an NHS hospital it's different because you have much easier access to NICU facilities, and less direct DH control.
When I worked at the charities, the DH had very, very tight control over everything. For example, they had to approve every single information leaflet we gave our clients, and sometimes knocked them back for very odd reasons.
So, as I understand it, the issue is that failed terminations are likely to be due to inexperienced or conflicted doctors not managing the termination process correctly. So it is largely an NHS rather than abortion charity issue. When babies are born alive, the presumption is that those below the age of viability will not be artificially kept alive but where they are borderline viability the decision rests with the doctor to reach a judgment on this case based on how well this baby is doing. In all cases, at whatever stage, a baby born alive after a failed termination should always be treated with care and dignity. So where keeping alive is not an option, good palliative care is provided.
I think there used to be a general attitude that there were circumstances in which it was ok to leave a baby to die in a sluice room. It was part of the same attitude that stillbirths and neonatal deaths were just a bit unfortunate but nothing to make a fuss over. And that stillborn babies didn't need to be handled with respect. And that newborn babies didn't need pain relief. Anti-abortionists have told me that legalised abortion has made us as a society more callous and less respectful towards unborn and newly born babies. I rather tend to think that we have become more respectful, and that is a very good thing.