Birthrights, Gloucestershire Maternity Action Group and an individual claimant have written to Gloucestershire Hospitals NHS Foundation Trust and put them on notice of our intention to apply for judicial review of their decision to suspend the home birth service for an unspecified length of time, which was made in breach of human rights and equality law.
The background
The letter, known as a pre-action protocol (PAP), was drawn up by leading civil rights and judicial review law firm Deighton Pierce Glynn.
The Trust’s decision to suspend its homebirth services was made contrary to the law, NICE Guidance, the NHS Constitution and NHS best practice.
The Trust initially announced a “temporary” two-week pause on its homebirth services in early November 2025 whilst also indicating that a longer suspension might be required during development of a new staffing model.
From this announcement it was understood the reason for the decision was the lack of midwives experienced in home birth who were available to cover the needs of the local population.
However, on 9th November 2025, Zest Midwives, a UK-based organisation that provides independent midwives who are experienced in supporting home births and has previously been contracted by other NHS trusts for this purpose, contacted the Trust offering immediate assistance to maintain the provision of home birth service. So far, the Trust has not responded to this communication.
Instead, the Trust announced on the 18th November that the two-week suspension would continue for a period of ‘at least six months’.
Birthrights’ Legal Lead, Laura Mullarkey, said: “Human rights law protects women and birthing people’s rights to bodily autonomy and establishes their rights to make their own choices about how they give birth, including the right to choose their place of birth.
To be lawful, any restrictions placed on these rights must be proportionate in the circumstances.”
“This suspension is manifestly disproportionate, made on a blanket basis for an open-ended length of time, without any consultation, consideration of alternatives, or any avenue for individual needs to be considered.“
The Trust’s decision also has a knock-on effect on women and birthing people’s ability to access any midwife-led care. There are just two midwife-led units available for the entire county and one has been regularly closed throughout 2025, while the other is operating with just one or two rooms available, and with severe staffing pressures.
Birthrights’ CEO, Hazel Williams, said: “If this growing trend of open-ended, long lasting ‘suspensions’ of homebirth services continues, whilst birth centres also continue to close and be deprioritised, women and birthing people will continue to have their rights to choose where they birth restricted, whilst NHS midwives lose critical opportunities to develop and maintain the skills required for autonomous midwifery support.
“Due to these closures, we are already seeing an increase in women and birthing people feeling like their only option is to birth alone at home.”
Whilst this is a completely lawful option, it should never be a route that women and birthing people feel forced or abandoned to take. We are taking urgent action now to stop these suspensions and protect our body, our birth, our rights.”
Emma Gleave, founder of Gloucestershire Maternity Action Group, commented: “Gloucestershire Maternity Action Group can confirm that the Judicial Review process has now begun, following the service of Pre-Action Protocol papers on Gloucestershire Hospitals NHS Foundation Trust. The group was formed to represent women in Gloucestershire in the protection of their lawful maternity rights.
Despite repeated attempts to engage, the Trust has failed to provide transparent or evidence-based justification for the suspension of the home birth service.
“As a result, some women have felt forced to plan births without midwifery support, highlighting the seriousness of the situation and the need for legal accountability.”
Polly Glynn, Partner at Deighton Pierce Glynn, said: “A blanket decision was made by Gloucestershire Hospitals NHS Foundation Trust to stop supporting all home births, contrary to NICE guidelines.
The decision, primarily affecting women, appears to have been made due to issues, without consideration of the legal obligations and duties.
We are instructed to challenge the decision and a pre action letter has been sent in the hope that litigation can be avoided.”
Birthrights has been deeply concerned at the number of reports of restrictions to and suspensions of home birth services since 2024. Our 2025 Access Denied report revealed that two thirds (66%) of the 119 Trusts for which we had information (either through an FOI response or intelligence from elsewhere) either had service suspensions, strict restrictions, or frequent interruptions in the 12 months between October 2023 and November 2024.
Failing to uphold people’s right to choose their place and method of birth can result in physical and psychological harm.
Birthrights’ CEO, Hazel Williams, said: “Birth justice exists when women and birthing people have the right to give birth with whom, where, and however they choose and when laws, policies and practice enable all women and birthing people to access these rights.
We know that far too many people in the UK are denied these rights, with those from minoritised and marginalised communities experiencing even greater barriers. The impact of this is huge, with women and birthing people experiencing significant trauma and risk to their safety.”
“We are taking this urgent action now to safeguard women and birthing people’s right to choose the place of birth that is right for them.”
The Trust has been given a deadline by which to respond before further legal action is taken.
Birthrights is the leading authority on the human rights of women and birthing people during pregnancy and birth in the UK. We believe that all women and birthing people should be able to exercise their right to make informed decisions about their bodies and care, and to do so free from discrimination, coercion and violence. We champion rights by supporting women and birthing people, training healthcare professionals, holding systems and institutions to account, and making visible diverse experiences of maternity care.
Birthrights was co-founded by human rights barrister, Elizabeth Prochaska and doula and author Rebecca Schiller more than 10 years ago because no other organisation in the UK was looking at the breadth of issues in maternity care through a human rights lens. We continue to offer rights-based information on everything from maternal request caesarean to unassisted birth. Alongside the information we provide to women and birthing people and their supporters, we also engage directly with Trusts and hospitals, wherever possible as a critical friend, but we are never afraid to take legal action, and campaign for change.
Gloucestershire Maternity Action Group (“GMAG”), is a community-based organisation formed in direct response to the suspension of the planned homebirth service in Gloucestershire. GMAG supports women and families affected by the suspension and works to promote safe, lawful, and evidence-based maternity care, including midwifery-led services and continuity of care.
GMAG also works to ensure public accountability in maternity service provision by engaging with NHS bodies, regulators, and scrutiny mechanisms, including complaints and representations to the Health Overview & Scrutiny Committee and the Care Quality Commission. It advocates for women’s lawful choices in birth, improved conditions for midwives, and collaborative working across maternity and birth services.