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NHS in England failing to record ethnicity of those who sue over maternity care

Black Politics Now by Black Politics Now
May 6, 2025
in World
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crop anonymous black mother holding hand of baby lying on bed

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May 5, 2025 Story by: Editor

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England’s National Health Service has been criticized for not collecting the ethnicity of patients who initiate legal claims over maternity care, a practice experts say leaves a critical gap in understanding racial disparities in childbirth outcomes.

Health policy analysts and legal campaigners highlight that Black, Asian, and minority ethnic (BAME) women in England suffer disproportionately during pregnancy and birth, yet NHS trusts and NHS Resolution—the body managing medical negligence claims—do not record race or nationality data for claimants. The revelation emerged after law firm Lime Solicitors submitted freedom of information requests covering stillbirth claims from 2012–13 to 2022–23 and found no ethnicity data was held by any NHS body.

A ‘Shocking Blind Spot’
Lime Solicitors described the absence of demographic information as a “shocking blind spot” that undermines efforts to identify patterns of care failure and focus improvement where it is needed most. Neil Clayton, a partner at the firm, warned that without ethnicity data, the NHS cannot effectively address systemic biases or ensure accountability for poor outcomes among BAME families.

Well‑Documented Disparities
Research shows that Black women in the UK are almost four times more likely to die during pregnancy or childbirth than white women, while Black babies face twice the risk of stillbirth (death after 24 weeks of gestation) compared to their white counterparts. These disparities have been repeatedly documented in national reports and audits, yet the NHS’s failure to link legal claims with ethnicity data prevents a full assessment of whether negligent care is disproportionately affecting minority groups.

Calls for Immediate Action
Patient safety charities, including Action against Medical Accidents, have joined calls for mandatory recording of claimant ethnicity alongside case details and outcomes. The NHS Race and Health Observatory argued that incomplete evidence will leave marginalized communities “under‑supported and poorly cared for” unless data collection is improved.

Government and NHS Response
The Department of Health and Social Care has signaled support for enhanced data practices, noting that better information is “essential to understanding where and how we need to intervene” to tackle stark inequalities for women and babies. An NHS spokesperson confirmed that steps are being taken “to ensure authorities are improving how we collect data so we can identify and reduce inequalities”.

As the NHS reviews its information‑gathering protocols, stakeholders stress that recording claimant ethnicity is a minimal but vital step toward transparency and equitable maternity care across England.

Source: The Guardian

Tags: AsianBAMEBlackBlack maternal and infant healthBlack maternal crisis(UK)Black maternal healthBlack maternal health advocacyBlack maternal health crisisBlack maternal health crisis reportBlack maternal health disparitiesBlack maternal health equityBlack maternal health initiativesBlack maternal healthcare studyBlack maternal mortality crisisBlack women(UK)England’s National Health Serviceethnicity of patientsracial disparities in childbirth outcomes
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