No-fault reform and maternity harms: your letters to the editor

No-fault reform has changed little

As of this month we have had a year of ‘no-fault’ divorce. It is a step in the right direction, but it was long delayed and, to be honest, has not made a lot of difference. Many of us hoped that by taking the ‘sting’ out of the divorce process separating couples might be able to adopt a less confrontational approach to making arrangements for their children and resolving the financial issues when their relationships came to an end. That has been wishful thinking.

 

There are many ways of finding a resolution but all too often they are ignored. As family law professionals we can do much better in ensuring that our clients are aware of these and, together with their children, are able to move on in their lives.

 

While the courts have improved the online portal, where all applications must be submitted, there are still teething problems, not least when applicants file their own application but instruct a lawyer afterwards. This can cause difficulties and time delay.

 

Furthermore, as expected we are seeing an increase in clients instructing us who submitted their own application and did not give thought to how the finances were to be resolved. This is a major pitfall and why it is so important to seek legal advice ahead of making any application.

 

Graham Coy

Partner, Wilsons Solicitors, London WC2

 

Maternity harms

The Women and Equalities Committee is right to call for faster progress to be made in tackling death rates in childbirth for black women and those from poorer areas.

 

This continued disparity in maternal mortality simply because of women’s ethnicity is shocking and unacceptable, but sadly not new. The data around birth inequalities has been documented yearly through MBRRACE-UK and ONS reports.

 

This latest report should serve as a catalyst for the government and NHS England to move from yearly reports on inequalities with no action to swiftly implementing change to ensure that maternity care is made as safe as possible for all.

 

I am not surprised to read the experiences of racism reported to the committee. Sadly, from my experience of representing black women in clinical negligence claims, they often recount the same feelings of being denied pain relief, being dismissed and concerns not being taken seriously. They are often left with the uncomfortable suspicion that discrimination contributed to the harm they and their babies have experienced.

 

Suleikha Ali

Senior associate, JMW Solicitors, London EC2

 

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