Harriet Hawkins: Another Baby That Should Have Been Born Alive

Media release on behalf of

Harriet Hawkins: Another baby that should have been born alive

[part 3]

Tomorrow, 2nd February 2018, the Parliamentary Members Bill regarding Coroners’ investigations into still births will have its second reading.

The bill will include:

(1) The Secretary of State must make arrangements for the preparation of a report on whether, and if so how, the law ought to be changed to enable or require Coroners’ to investigate still-births.

(2) For the purposes of this sections, “still-births” is to be read in accordance with section 41 of the Births and Deaths Registration Act 1953.

(3) The Secretary of State must publish the report prepared under this section.

(4) After the report has been published, the Lord Chancellor may make regulations (“investigation regulations”) in accordance with the following provisions of this section.

(5) Investigation regulations may amend Part 1 of the Coroners and Justice Act 2009 (coroners etc) to –

(a) enable or require coroners to conduct investigations into still-births (whether by treating still-births as deaths or otherwise);

(b) specify the circumstances in which those investigations are to take place (including by limiting the duty of power or investigate to certain descriptions of still-birth);

(c) provide for the purposes of those investigations;

(d) make provision equivalent or similar to provision in that Part relating to investigations into deaths.

(6) Investigation regulations may –

(a) make different provision for different purposes;

(b) make provision subject to exceptions;

(c) make incidental, consequential or supplemental provision (including provision amending provision made by or Under an Act, whenever passed or made);

(d) make transitional or transitory provision or savings.

(7) Investigation regulations may not –

(a) create any offence, or

(b) confer any power to make provision of a legislative character, other than by applying (with necessary modifications), or making equivalent or similar provision to, provision already contained in Part 1 of the Coroners and Justice Act 2009.

(8) Investigation regulations are to be made by statutory instrument.

(9) A statutory instrument containing investigation regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(10) No investigation regulations may be made after the period of five years beginning with the day on which the report is published under subsection (3).

The full bill can be viewed here.

Jack and Sarah Hawkins, along with their lawyer, Janet Baker from Switalskis Solicitors have worked tirelessly to have the death of their stillborn daughter, Harriet, investigated. They identified from the outset that the hospitals explanation for Harriet’s death as “an infection”, was untrue and hid the appalling catalogue of failures by the medical and midwifery staff caring for Sarah, “lack of midwifery leadership” and “poor safety culture” within the Trust.

A National Patient Safety Investigation into the maternity services at Nottingham University Hospital NHS Trust (NUH) identified 13 significant case and service delivery problem and concluded that Harriet’s death was “almost certainly preventable.”

The family are working with their lawyers to push for criminal prosecutions arising from Harriet’s death.

In light of tomorrow’s second reading, Jack and Sarah Hawkins, and their Solicitor, Janet Baker from Switalskis Solicitors have supplied the following statements:

Janet Baker, Switalskis Solicitors

“If this becomes law it will remedy a great injustice. Currently, there is a world of difference in how the law treats the death of a baby born just after birth, to one that dies whilst being delivered. As my client’s case demonstrates, parents cannot be expected to rely on the findings a hospital’s own investigation into a death of their baby. The only truly independent route available is through a Coroner. It was through Jack and Sarah’s own perseverance that they got an independent review into their daughter’s death, but other families shouldn’t have to fight, or have such a long wait, to get answers.”

Jack and Sarah Hawkins, parents of Harriet Hawkins

“As part of our investigations we have spoken to Coroner’s who would welcome the opportunity to investigate full term stillbirths. Coroner involvement means families get an investigation that is public and transparent. Coroners can ask questions posed by families and also have the ability to raise concerns about care to the CQC, NHS England, and even the police. Had there been an Inquest following Harriet’s death, it would have given us the answers we so desperately needed to understand why she died. We remain optimistic that our voice, and that of other parents of stillborn babies, will be heard and acted on by the government to secure this change in legislation.”

NOTES TO EDITORS

1. Switalskis Solicitors: Switalskis Solicitors has the largest geographic spread of any other law firm in Yorkshire, with offices in 13 Yorkshire locations: Wakefield, Leeds, York, Bradford, Huddersfield, Sheffield, Doncaster, Honley, Dewsbury, Pontefract, Boston Spa, Knaresborough and Goldthorpe.

2. Established in 1993 as a niche Child Care Law and Criminal Law practice, the firm, has expanded its area of specialism which now includes a national reputation for Clinical Negligence, Child Abuse Law and Catastrophic Injury. Switalskis provides a broad range of personal and business legal services covering more than 18 different areas of law.

Website:

3. For more information contact: PR Enquiries can also be directed to: Natalie Rodgers, MCIM, MCIPR and non-practising Solicitor Scala UK Ltd, Blenheim Reach, 5th Floor, 861 Ecclesall Road, Sheffield, S11 8TH. Email: Office: 0114 4070159 Mob: 07881 780608