As an inquiry into catastrophic maternity failings at an NHS trust reveals the deaths of mothers and hundreds of babies could have been avoided if they’d received better care, many mothers-to-be may be worried about their own care as they approach childbirth.

And adding to their concerns could be the results of new Mumsnet (mumsnet.com) research, which found a fifth of mums who’ve given birth in the last 20 years felt pressured by healthcare professionals to have a natural birth against their wishes.

Justine Roberts, CEO of Mumsnet, says many mothers have shared “deeply distressing and personal stories about their experiences of childbirth,” and adds: “You’re having a baby, not a birth, and the priority should be the health of the mother and child, rather than an idealised version of what a birth ought to be like.”

And speaking after the Ockenden report into Shrewsbury and Telford Hospital NHS Trust found 201 babies and nine mothers could have survived if they’d had better care, Amy Gibbs, chief executive of the Birthrights (birthrights.org.uk) charity, says: “UK law states that women and birthing people must be the decision-makers in their care. This means listening to their concerns, supporting informed choice and consent, and treating them with dignity and compassion.

“Everyone has the right to make informed decisions about how and where they give birth. Maternity services should respect and serve these individual choices equally well.”

But many mothers-to-be may not be aware of their rights. Here Birthrights outlines exactly what women  in the UK can demand when giving birth…

1. To be treated with dignity and respect

Staff should be polite and respectful, you should be provided with relevant and accessible evidence-based information, have your questions answered, be supported to make informed decisions, and shouldn’t be left in an exposed or vulnerable position, such as having the curtains opened without asking when you’re breastfeeding. You have the right to be kept physically safe, but also psychologically and culturally safe, and Birthrights explains: “For example, if you ask to see only female healthcare professionals this should be respected if at all possible.”

2. You have the right to say no to any test, treatment or intervention

The right to decide what should happen to your body is strongly protected in UK common law, stresses Birthrights. This means you can decline anything from having your blood pressure taken to performing a caesarean. You can also decline standard maternity care such as vaginal examinations during labour, or screening during antenatal care. Birthrights says the only exception is if you lack the mental ability to make an informed decision.

3. When you ask for care, maternity services should have a good reason to say no

If, for example,  you want to have a caesarean, or have your mum and partner attend the birth, a Trust must try to grant your wishes, and only say no if they have a good, evidence-based reason. “It is not good enough simply to say it is not their policy,” stresses Birthrights. “It is your right to decline any recommended option and to choose something which healthcare professionals might regard as unusual.”

4. You should have all your basic needs met

In hospital, for example,  you must have access to food, water, support to go to the toilet, wash and care for your baby if needed and be given timely pain relief.

5. You should be supported to be together as a family

You have  the right to private and family life, meaning you can choose where and how to give birth and who’s with you.

6. You have the right to complain

If you don’t think you’ve been treated the way you should have been, you have every right to complain – something that could help to improve services. And if your complaint isn’t dealt with properly, you have the right to take your complaint to the Ombudsman.

7. You always have the right to receive care

People who are ‘ordinarily resident’ in the UK have the right to free NHS care, but if you’re not normally resident you may have to pay. If you can’t afford it you must still be given maternity care and can’t be told you have to wait until you can pay.

8. You can’t be forced to go to hospital

Although some home birth services were suspended during the pandemic, no-one can make you leave home to give birth, and unassisted birth isn’t illegal. “A midwife’s duty is to put the people they care for first,” says Birthrights.

9. A foetus doesn’t have rights of its own until it is born

Your consent or lack of it can’t be ignored even if a healthcare professional believes your choices might harm you or your baby.

10. Individual exceptions should always be considered

“We often hear of maternity services saying they can’t do something for one woman because it wouldn’t be fair on everyone else,” says Birthrights. “In law, fairness usually means ensuring everyone get the care they need, NOT treating everyone the same.”