Medics should not report women believed to have illegally ended their pregnancy, under new guidance issued by a leading health body.
The Royal College of Obstetricians and Gynaecologists said women are being prosecuted after abortions.
It has issued the guidance to medical professionals following ‘the increasing number of police investigations’, into women who have late stage terminations.
Under the current rules NHS staff can breach patient confidentiality and inform police if it is in the ‘public interest’.
In its new guidance the RCOG said healthcare professionals should not call the police to report a suspected illegal abortion without the patient’s consent.
The Royal College of Obstetricians and Gynaecologists issued the new guidance following ‘the increasing number of police investigations’, into women who have late stage terminations (stock image)
The guidance reads: ‘The College is concerned at the increasing number of police investigations following later gestation abortion and pregnancy loss, and the impact this can have on women, who may be especially vulnerable and have suffered the distress of a later stage loss.
‘The RCOG and the Faculty of Sexual and Reproductive Healthcare have stated that it is never in the public interest to investigate a patient who is suspected of ending their own pregnancy, a view endorsed by over 60 organisations and professionals.
‘Do not call the police or external agencies if a woman divulges, or you are suspicious, that she may have sought to end her own pregnancy unless she has given explicit consent to do so, or you consider it justified in her best interests.’
It also states any enquiry from police or the coroner should be directed to a member of senior staff in the clinician’s organisation.
The guidance follows an uptick of investigations into suspected illegal abortions.
In 2022, the number logged with police forces rose to 29, from 16 in 2018.
There were six women prosecuted in England on suspicion of breaking abortion law, last year.
The law in England, Wales and Scotland currently allows abortion up to the 24th week of pregnancy – they can also be carried out in limited circumstances after 24 weeks, such as severe disability or risk to the mother’s life.
Abortions must be carried out by a registered medical practitioner.
The law was last amendment in 1990, when the 24-week time limit was imposed, following a vote by MPs.
Dr Jonathan Lord the RCOG’s medical director told the BBC the law was now being used against women.
He said: ‘A law that was originally designed to protect a woman is now being used against her.
‘We have witnessed life-changing harm to women and their wider families as a direct result of NHS staff reporting women suspected of crimes, and we just don’t think that would happen in other areas of healthcare.
‘We deal with the most vulnerable groups who may be concerned about turning to regulated healthcare at all, and we need them to trust us.’
‘It’s also just so deeply traumatic if you suffered a pregnancy loss or a natural miscarriage, whether it was from abortion care or whether it was just a natural thing, to then face suspicion and investigation, and know that your name could be very public and you could go to jail, is just deeply distressing.’
Office for Health Improvement and Disparities data show 214,869 women had abortions in England and Wales in 2021, up 2 per cent on the more than 210,000 recorded in 2020
The intervention follows the case last year of Carla Foster, who was jailed for illegally taking abortion tablets while 32 to 34 weeks pregnant.
Ms Foster was originally told she would serve half of her 28-month sentence in custody, although the Court of Appeal reduced the term to 14 months suspended.
Dr Ranee Thakar, President of the Royal College of Obstetricians and Gynaecologists, said: ‘We firmly believe it is never in the public interest to investigate and prosecute women who have sought to end their own pregnancy. These women should be treated with care and compassion, without judgement or fear of imprisonment.
‘We hope this new best practice guidance gives healthcare professionals clarity around their legal and professional obligations.’
The guidance has been criticised by pro-life groups who said it risked undermining the rule of law.
Catherine Robinson, spokesperson for Right to Life UK, said: ‘It is deeply inappropriate for the RCOG to usurp Parliament by issuing guidance related to criminal investigations. Where a crime is suspected of being committed, it is the role of the legal system to determine whether or not a crime took place and whether or not it is in the public interest to prosecute.
‘This guidance is also especially alarming in regard to instances of coerced abortions. Illegal abortions can occur as a result of abuse, coercion or sex trafficking. This new guidance appears to create a presumption against disclosing information about illegal abortions to the police, and this could leave vulnerable women in these situations being denied the protection of the law.’
