Homeless Women and Pregnancy

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Homeless Women and Pregnancy

• By Flora Grossman

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When is the Foetus Recognized as Life

• Foetus has no Legal Status until birth
• No Legal Proceedings can be commenced in respect
  of an unborn child

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Is there any Protection

• Foetus is protected by law in respect of time
  limits for termination which is currently 24
  weeks.
• There is no time limit on termination where two
  doctors agree that a womans health or life is
  gravely threatened by continuing with the
  pregnancy or that the foetus is likely to be born
  with severe physical or mental abnormalities
• Procedures that need to be followed if it is
  known that a mother may be endangering the life
  of her unborn child
• No actual legal recourse until child is born

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Legal Requirements

• No actual Legal Requirement for a woman to attend
  antenatal appointments in that non attendance
  does not constitute a criminal offence.
• All women whatever their circumstances should be
  encouraged both for their own health and that of
  the unborn child to attend such appointments.
• Non Attendance will give rise to cause for
  concern.
• Could be factor in proving threshold if Care
  Proceedings are issued on birth of child.

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Care Proceedings

• Issued by the Local Authority or authorised
  person in respect of a child or children who they
  believe is suffering or is likely to suffer
  significant harm AND
• That the harm or likelihood of harm, is
  attributable to the care given to the child, or
  likely to be given to the child if the order were
  not made, not being reasonable to expect a parent
  to give

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Drug Abuse During Pregnancy

• If a woman has capacity to make her own decisions
  then she can choose to use drugs.
• No Legal sanction save for usual ones of being in
  possession of drugs etc
• Possibility of Child Cruelty Charges if it can be
  proved that their drug taking has affected the
  child

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Drugs

• Heavy drug use can damage the health of the
  pregnant woman.
• Cause Complications.
• Possibly Damage the foetus
• Danger of withdrawal for baby post birth

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What should we do?

• No Legal Sanctions save for those previously
  discussed.
• Women need to be encouraged to seek help from
  specialist agencies as soon as possible.
• Usually safe to stop using drugs but not always
  medical advice needs to be sought.
• Care needs to be taken very emotive subject
• Never delay action to prevent a child from harm

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Legal Requirements Of Reporting to Social Services

• More Good Practice than Legal Requirement
• Guide to inter-agency working Working Together
  to Safeguard Children
• Local Safeguarding Children Boards
• Objectives policies and procedures to safeguard
  and promote the welfare of children

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What Happens Then?

• The Local Authority can conduct a Core Assessment
  under Section 47 of the Children Act.
• If this gives rise to concerns that an unborn
  child may be at future risk of significant harm
  the L/A may decide to convene an initial Child
  Protection Conference prior to the childs birth

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Child Protection Conference

• Same Status
• Proceed in same way
• Decisions made about a Child Protection Plan
• Involvement of Midwifery Services is vital

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To Conclude

• Every Child born to a Homeless Woman whether she
  is intentionally homeless or not will
  automatically be a Child In Need under Section 17
  Children Act
• The Local Authority therefore have a duty to
  safeguard and promote the welfare of children in
  need
• Focus shifts to baby need to keep awareness of
  mothers needs and rights at this time.