NHS bosses threatened with lawsuit for blocking maternity report during election campaign

A charity is threatening NHS England with legal action after it blocked the publication of a major independent report into maternity care in the NHS.

NHS England last week delayed the release of the Mothers and Babies: Reducing Risk through Audits and Confidential Enquiries across the UK (MBRRACE) report, citing purdah – the ban on civil servants publishing politically sensitive information during an election period.

However, as The Independent revealed, the move prompted a furious backlash from doctors and midwives, who said it contained important lessons that were non-political, and should be shared immediately in the interests of patient safety.

NHS England cited Cabinet Office guidance when justifying its decision. However, this advises that purdah applies to civil servants, arm’s-length bodies and departments directly linked to government.

The report is the product of work and analysis by experts at the independent National Perinatal Epidemiology Unit at the University of Oxford, which does not fall into any of those categories.

While NHS England funds the work, it is supposed to be an independent assessment of the care of women who died during pregnancy or up to a year after pregnancy, and contains lessons learned for to clinicians to help them prevent future deaths.

Now Birthrights, a charity that promotes human rights in maternity care, has sent a legal warning to Simon Stevens, chief executive of the NHS in England, demanding he make it public without delay.

Rosa Curling, human rights solicitor at law firm Leigh Day, who sent the letter on behalf of the charity, said: “The report is published annually and contains objective facts concerning maternal mortality which are not politically sensitive or directed at any political parties.

“Our clients are urging NHS England to reverse their decision and publish the report without any further delay.”

The last report, published in November 2018, highlighted five times as many black women as white women died between 2014 and 2016. Asian women were twice as likely to die compared to white women.

Amy Gibbs, chief executive of Birthrights said: “The MBRRACE report is vitally important to prevent future maternal deaths, particularly in light of the racial inequalities previous reports have exposed. The delay by the government shows a disregard for an urgent need to address maternal mortality.

“In the UK, there are around 75 maternal deaths each year. The sooner the report is published the quicker changes can be made to improve care. It could make the difference between a mother’s life and death.”

The MBRRACE report had been scheduled for publication on 14 November but was blocked by NHS England. A closed conference on 19 November was briefed on the findings but the full report will not be shared with the wider NHS until after the election.