Mother facing prosecution 'for asking for ethnic hospital staff to be removed from birthing room'
By Andrew Levy
Last updated at 4:57 PM on 28th October 2009
A mother is facing prosecution under race discrimination laws after objecting to hospital staff from a specific ethnic minority group being present at the birth of her child.
The woman was in the delivery room at the maternity unit and about to undergo a caesarian section when she made her demand.
It was not clear whether she was referring to black employees, those of Asian origin, or any other race at Milton Keynes Hospital in Buckinghamshire.
But an insider said: 'The mother objected to one type of ethnic minority members of staff being there.'
The woman, who was accompanied by her partner when she arrived earlier this month and was not from the Milton Keynes area, later gave birth to a healthy child and has since been discharged.
The hospital yesterday claimed the woman's demands were dismissed and the delivery was overseen by a team that was 'not all-white'
But the Equality and Human Rights Commission revealed it had written to the hospital after receiving a complaint from a member of staff about the way the situation was handled.
According to some reports, a consultant agreed to the mother-to-be's demands. If a senior member of staff asked an employee to leave the delivery room then they and the hospital could face civil action at an employment tribunal under the 1976 Race Relations Act on the grounds of discrimination.
The mother could also face action under the Act in a county court.
Unlimited compensation could be awarded in both cases.
Navrita Atwal, of Milton Keynes Equality Council, said: 'If the allegations are true then what the hospital did was unlawful.
'The best course of action would have been to tell the mother: "We will provide you with the best care with whatever staff are available".
'You hear about this sort if thing in America but not in England. The staff involved would have been devastated.'
The Equality and Human Rights Commission, whose responsibilities include ensuring public bodies enforce race laws, refused to comment on the case yesterday as it might prejudice an investigation.
A spokesman said: 'We are aware of the complaint. We're deciding what action we might take, if it's appropriate.'
In January 2008, a survey of staff at Milton Keynes Hospital found 58.1 per cent were white, 6.2 per cent Asian, and 5.1 per cent black.
Just under one per cent classed themselves as mixed race, 3.3 per cent as 'other ethnic group' and 26.1 per cent declined to state their ethnic background.
The general population of Milton Keynes consists of 90.1 per cent white people, 3.6 per cent Asian, and 2.4 per cent black.
The rest include 1.8 per cent mixed race and 0.8 per cent Chinese.
Its own policy document, Managing Diversity and Equal Opportunities in Employment, says excluding people from jobs because of their race constitutes direct discrimination.
A hospital spokesman said: 'The trust is carrying out a full investigation into this allegation and the judgments made based on immediate clinical needs and to ensure the safety of the mother and baby.
'We take the interests and wellbeing of our staff very seriously and any act of racial discrimination will not be tolerated.
'Discrimination and prejudice whether from patients, visitors or staff is unacceptable. Robust policies are in place to promote and protect equality and diversity for all.'
A Department of Health spokesman said: 'All staff and patients should be treated with respect at all times and not be subjected to discrimination or harassment on any grounds.
'We expect all parts of the NHS to adhere to this principle.