Doctors are being told NOT to report women suspected of having an illegal abortion to the police

Doctors will be banned from reporting women believed to have illegally terminated their pregnancies, under new guidance from a leading health body.

The Royal College of Obstetricians and Gynecologists said women are being prosecuted after abortions.

It has issued guidance to medical professionals following ‘the increasing number of police investigations’ into women whose employment has been terminated at a late stage.

Under current rules, NHS staff can breach patient confidentiality and inform police if it is in the ‘public interest’.

In its new guidelines, the RCOG states that healthcare professionals should not call police to report a suspected illegal abortion without the patient’s consent.

The guidance states: ‘The Board is concerned about the increasing number of police investigations into subsequent abortion during pregnancy and pregnancy loss, and the impact this may have on women, who may be particularly vulnerable and have suffered from 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 suspected of terminating their own pregnancy, a position endorsed by more than sixty organizations and professionals.

‘Do not call the police or outside authorities if a woman reveals, or if you are suspicious, that she may have attempted to terminate her own pregnancy, unless she has given her explicit consent, or if you consider this justified in her interests.’

It also states that any police or coroner’s investigation should be addressed to a member of the senior staff of the doctor’s organization.

The guidelines follow an increase in investigations into suspected illegal abortions.

In 2022, the number of registered police forces increased from 16 in 2018 to 29.

Last year, six women were prosecuted in England on suspicion of breaking abortion law.

The law in England, Wales and Scotland currently allows abortion up to the 24th week of pregnancy. Abortion can also be performed after 24 weeks under limited circumstances, such as severe disability or danger to the mother’s life.

Abortions must be performed by a registered medical practitioner.

The law was last amended in 1990, when the 24-week deadline was imposed following a vote by MPs.

Dr. Jonathan Lord, the RCOG’s medical director, told the BBC that the law is now being used against women.

He said: ‘A law originally intended 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 simply don’t think this would happen in other areas of healthcare.

“We are dealing with the most vulnerable groups who may be concerned about the transition to regulated healthcare, and we want them to trust us.”

‘It’s also so deeply traumatic if you’ve suffered a pregnancy loss or had a natural miscarriage, whether that was the result of abortion care or whether it was just something natural, to then be faced with suspicion and investigation, and to know that your name could be very public. You could go to jail, it’s just very disturbing.”

Data from the Office for Health Improvement and Disparities shows that 214,869 women had abortions in England and Wales in 2021, a 2 percent increase on the more than 210,000 women registered 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 strongly believe that it is never in the public interest to investigate and prosecute women who have attempted to terminate their own pregnancies. These women should be treated with care and compassion, without judgment or fear of prison.

‘We hope that these new best practice guidelines provide healthcare professionals with clarity on their legal and professional obligations.’

The directive has been criticized by pro-life groups who said it risks undermining the rule of law.

Catherine Robinson, spokesperson for Right to Life UK, said: ‘It is highly inappropriate for the RCOG to usurp Parliament by issuing guidance in relation to criminal investigations. Where there is suspicion that a crime has been committed, it is the role of the legal system to determine whether or not a crime has occurred and whether or not it is in the public interest to prosecute.

‘These guidelines are also particularly alarming when it comes to cases of forced abortions. Illegal abortions can be the result of abuse, coercion or sex trafficking. This new directive appears to create a presumption against disclosing information about illegal abortions to the police, and this could lead to vulnerable women in these situations being denied the protection of the law.”