Doctors will be told not to report suspected illegal abortions to the police in new guidance from the Royal College of Obstetricians and Gynaecologists (RCOG).
The guidance, expected later this week, will remind healthcare workers of their duty to obtain patient consent for disclosing any confidential medical information, unless it is in the ‘public interest’ to do so.
Under GMC regulations, confidentiality is an ‘important ethical and legal duty’, but there can be justifications for sharing information in the public interest or to ‘protect individuals or society from risks of serious harm’.
But the RCOG, along with the Faculty of Sexual and Reproductive Healthcare (FSRH), British Society of Abortion Care Providers, and the Faculty of Public Health, will tell doctors that reporting women to the police who they believe illegally ended their own pregnancy is ‘never’ in the public interest.
The Royal College has also said it is ‘concerned about the increasing number of police investigations following later gestation abortion and pregnancy loss’, especially the impact on vulnerable women.
In 2022, there were 29 suspected illegal abortions logged with the police in England and Wales, up from 16 in 2018.
And last year six women were taken to court on suspicion of breaking abortion law, compared with three women in the previous 20 years.
Under current law, abortions in England must occur in the first 24 weeks of pregnancy – breaking this law could lead to life imprisonment.
A statement on the college’s website said: ‘The RCOG and the FSRH 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.’
It added: ‘Healthcare professionals working in women’s health rarely need to liaise with the police. Unless a statute requires it (for example with female genital mutilation), a healthcare must abide by their professional responsibility to justify any disclosure of confidential patient information or face potential fitness to practice proceedings.
‘Where healthcare professionals do involve the police it should be in the patient’s best interests or needed to protect others – for example where there is a risk of death or serious harm.’
Other instructions in the upcoming guidance:
- Do not call the police or external agencies if a woman tells you, or you are suspicious, that has has sought to end her own pregnancy, unless she has given explicit consent to do so;
- You must be able to justify any disclosure of confidential information;
- Do not take blood tests of other samples at police request unless the patient has given their full consent, or there is a court order;
- Only release information that is relevant to the stated need of the investigation.
RCOG president Dr Ranee Thakar said women who have sought to end their own pregnancy should be ‘treated with care and compassion, without judgement or fear of imprisonment’.
She added: ‘Outdated, antiquated abortion laws mean women who have experienced unexplained pregnancy loss are also vulnerable to criminal investigation, and health professionals are placed under unacceptable and unwarranted scrutiny.
‘We hope this new best practice guidance gives healthcare professionals clarity around their legal and professional obligations. It is vital that they understand what is expected of them and the potential consequences of breaching patient confidentiality.’
Dr Thakar also said the guidance is part of the college’s efforts to place abortion care under medical regulation rather than under criminal law.
In 2022, at-home early abortions, which were brought in during the pandemic to reduce transmission, became permanently legal in England and Wales.
GPs and other prescribing doctors are expected to certify in ‘good faith’ that the gestation period was below 10 weeks for these abortions.
Last week, the health secretary announced the top women’s health priorities for 2024, which included maternity care as well as problem periods and menopause.
The Government will put a greater focus on preconception and postnatal care and support for women around pregnancy loss.
READERS' COMMENTS [2]
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RCOG and FRSH are wrong – you should never say ‘never’ !
The vast majority of women who in desperation have ended their own pregnancy (hopefully a very small number!) should not be referred to Police if they did it fully alone without pressure.
Some will have been pressurised – and then consent should be obtained and report made regarding the other person.
Some will have been induced to obtain substances or instruments through adverts or online adverts : – if not willing to divulge these illegal services, they should be reported to safeguard other women from the dangers of the providers of illegal and dangerous services.
This is the point of the law, and this should perhaps be borne more in mind : This law is on the statues to PROTECT women, from dangerous services provided by illegal prctitioners, and point them towards qualified medical care, and to protect women from enforced unsafe abortions.
There are groups trying to campaign that this law is contrary to the rights of women. Only if you believe women should have a right to promote dangerous criminal assault on women by unqualified practitioners exploiting them, could you possibly believe that.
However, what they should be campaigning for, is increase funding and local provision of abortion, FP and sexual health services, so that they are accessible for all women if needed.
Spot on DC