Call for system reform due to growing concern for women giving birth in prisons

New data collected by observers shows that women in prisons are five times more likely to have a stillbirth, while premature babies are twice as likely to require special care.

Since 2019, after two infant deaths in prisons, people have become increasingly concerned about the safety of pregnant women and their babies.

Data obtained through freedom of information requests made to 11 NHS trust agencies serving women’s prisons in England showed that 28% of babies born to women serving sentences between 2015 and 2019 were subsequently sent to the neonatal ward-according to The data, which is twice the national number, comes from the National Neonatal Research Database.

Of the 125 newborns who provided additional data, one in seven had a low birth weight—twice the general population. The stillbirth rate was 20.9 per 1,000 newborns and 4.2 per 1,000.

The House of Lords is preparing to vote this week on proposed changes to the bail and sentencing laws to improve the rights of pregnant women and mothers facing criminal charges.

A woman named Anita was six months pregnant when she was arrested, gave birth during remand, and stated that if she was initially released on bail, her son would never spend the first few weeks of his life in prison "Each pregnant woman provided a single cell, but I refused because my biggest concern was giving birth by myself behind the locked door," she said.

A report published in September investigated the death of a baby at Bronzefield Prison in Surrey. An 18-year-old girl was left in a cell to give birth alone. Studies have shown that 1 in 10 women who give birth in prison give birth in prison or on the way to the hospital.

When Anita started giving birth at 5:30 in the morning, when she rang her phone, the guards said they would send someone. Only during the morning tour at 7:30 in the morning was a nurse called. She was transferred to the hospital at 10:30 am. Anita said: "Although I was actively giving birth, when I asked them to call the baby's father and my mother, the guards would not unbuckle my handcuffs and ignore me-they finally got in touch with the doctor."

After the birth of her son, Anita wanted to breastfeed, but asked for a bottle. She felt uncomfortable because the male prison guard refused to leave her. "It's just degrading. This was the happiest moment in your life, but you were brought back-handcuffed and my son was sitting in the car seat," she said.

Her lawyer later successfully applied for bail, and Anita was released by electronic tag before being sentenced. She spent some time in the maternity room and was released before her son's first birthday. He suffered from bronchiolitis and was taken to the hospital 11 times while in prison.

Anita said: "Prison is not a safe place for pregnant women or children at all."

Kate Paradine, chief executive of the Prison Women’s Organization, said: “Parents going to jail can disrupt their children’s lives and harm their mental health. When mothers go to jail, nine out of ten children are forced to leave their homes.

"Homelessness, instability and trauma are just some of the consequences. The sentencing guidelines have acknowledged these destructive effects, but there is clear evidence that these are not applied accurately or consistently."

If amendments to the police, crime, sentencing, and court bills are passed, the judge will be required to explain how to consider the best interests of the child or unborn baby when sentencing the pregnant woman or primary caregiver.

Harriet Harman, the Labour MP and chairman of the Joint Human Rights Commission who drafted the amendment, said: “Currently, the court only focuses on women in the dock, and her children cannot see.”

Harman, who oversees the 2019 report on the right to family life, said: “We have signed an agreement that the supremacy of children’s rights, but when it comes to the children of prison women, we have trampled on all these rights.”

In response to data on stillbirths, she said: "The findings are shocking and shameful, but not surprising."

The incidence of drug and alcohol abuse problems in prisons is higher than that of the general public, which may be one of the many factors leading to poor fertility outcomes. The government’s own assessment of the impact of the bill’s measures indicated that 74% of women serving up to 12 months in prison have drug abuse needs.

Paradine said that prison is a stressful and traumatic environment that can affect the mother's pregnancy. She explained: “For pregnant women who have been in jail for their pre-existing mental health needs, these needs will be amplified and may become the cause of toxic stress that affects the baby’s development.”

Janey Starling, the co-director of the campaign organization Level Up, said that changes to the bail and sentencing laws are long overdue: “Prisons will never be a safe place for pregnant women and new mothers. The government must change the law to stop imprisonment.” The organization and The women in prison and their birth partners jointly initiated a petition.

A spokesperson for the NHS said: "The latest data shows that the overall stillbirth rate has fallen by more than one-fifth since 2013-but there are too many babies who die from stillbirths. In England, the NHS is continuing. Take measures to reduce stillbirths and neonatal deaths, and work hard to ensure that pregnant women in a safe environment receive high-quality, safe care."