The confirmation of an independent review into maternity and neonatal services at University Hospitals Sussex NHS Foundation Trust (UHSx) marks a significant moment for families who have spent years campaigning for answers.
A significant step for affected families
The review, chaired by Donna Ockenden, is expected to examine more than 1,000 cases involving stillbirth, neonatal death, maternal death and severe brain injury dating from 2018 onwards.
For bereaved and injured patients, this announcement represents far more than a policy development. It is an acknowledgement of the profound impact of alleged failings in maternity care and the importance of transparency, accountability and learning within the NHS. Importantly, the scope of the review has been shaped by affected families themselves. The breadth and scale of the review reflects growing concerns that problems within maternity services may not be isolated incidents but part of wider systemic failings.
Eligible families will be automatically included unless they choose to opt out. This is a welcome step for individuals impacted by serious maternity harm. Families who have suffered the most should not have to shoulder the burden of coming forward nor be expected to overcome additional procedural barriers.
Why independent reviews matter
Independent reviews of this nature perform a crucial function. Whilst they are not legal proceedings and do not determine liability, they can uncover patterns of unsafe care and prompt changes designed to improve patient safety. They provide many families with something they have struggled to obtain through internal NHS complaints procedures: a sense that their experiences are finally being heard.
This is not the first large-scale maternity investigation led by Donna Ockenden. Her previous review into maternity services at the Shrewsbury and Telford Hospital NHS Trust exposed repeated failures in clinical care, a failure to escalate concerns, missed learning opportunities and a culture in which families often felt ignored or blamed.
The importance of transparency and early engagement
From a clinical negligence perspective, one of the recurring themes that we see in maternity litigation is that families do not initially seek compensation, but answers. Bereaved parents and mothers who have experienced serious birth trauma frequently describe becoming involved in legal proceedings only after feeling their concerns were minimised, communication from the NHS Trust was inadequate or internal investigation findings lacked transparency. There is growing recognition across both the legal and healthcare sectors that early, open and compassionate engagement with families plays a crucial role in reducing lengthy adversarial litigation.
The duty of candour in practice
The statutory duty of candour requires NHS organisations to be honest with patients and families. In circumstances where serious harm has occurred this duty extends to providing the following:
- A clear explanation of what happened
- An apology, where appropriate
- Details of any internal investigations undertaken
Despite this, when dealing with maternity incidents there are still delays in disclosing relevant documentation, inconsistent explanations or defensive responses which can deepen mistrust in the system.
It is notable that the UHSx review will reportedly have the flexibility to consider cases where records are missing or incomplete. Inadequate record keeping can present a significant barrier for families attempting to understand what happened during labour and delivery. In some cases, the absence of contemporaneous records can become an important evidential issue, particularly where are they are disputes regarding clinical decision-making and escalating concerns.
The legal complexities of maternity claims
Large-scale investigations can also lead families to revisit earlier reassurances that the care they received was appropriate. In practice, parents affected by traumatic births do not immediately recognise that negligent care may have contributed to the outcome. The immediate focus is on recovery and caring for an injured child rather than considering potential legal action.
Maternity cases are often legally and medically complex. Establishing negligence involves considering whether the care provided fell below a reasonable standard and whether appropriate care would have avoided or reduced the harm suffered. In cases involving stillbirth, neonatal death or brain injury, those questions can be particularly difficult to tackle, but they are essential to gain an understanding about what has happened.
Limitation can also become an important issue in some maternity claims. Whilst claims involving children with brain injuries are subject to different limitation rules, allowing time to run from the child’s 18th birthday, bereaved parents and injured mothers may face stricter limitation periods. Reviews such as this may therefore prompt some families to seek legal advice for the first time after concerns previously dismissed are now reconsidered in light of wider systemic findings.
It is also important to recognise that most NHS births have good outcomes. Women should continue to attend maternity appointments and raise concerns with their midwife or healthcare team without hesitation. Being listened to, taken seriously and properly assessed is a fundamental part of safe maternity care.
For affected Sussex families, the review cannot undo the loss they have suffered. However, it is hoped that it will deliver honest answers and drive safer care for others. The true measure of this review will not simply be the scale of its findings but whether it leads to a meaningful culture change within maternity care.
How can we help?
If you or a family members have experienced something similar or would like to find out more about how to make a birth injury claim, you can find out more on our dedicated birth injury page.
