Racial injustice in maternity care further underlined by report which reveals babies born to black mothers 81% more likely to die in neonatal care

A concerning study led by academics at the University of Liverpool has revealed that babies born to black mothers in England and Wales and those from the most deprived areas are significantly more likely to die while in neonatal units. The paper, ‘Inequalities in neonatal unit mortality in England and Wales. A retrospective cohort study, 2012-2022’ was published in The Lancet Child & Adolescent Health.  

The study found that there was an 81% higher risk of black babies dying before discharge compared with babies born to white mothers. For babies born to Asian mothers the figure was 36% higher.  

Leigh Day worked on the Birthrights inquiry into racial injustice and human rights in maternity care, which was published in 2022. Analysis of the evidence before the inquiry revealed that persistent racial inequalities in birth outcomes and experiences in the UK existed.  

Other research has shown that the births of babies to black mothers are almost twice as likely to be investigated for potential NHS safety failings, than those of white mothers. In 2024, the Guardian newspaper reported that there were over 2,300 investigations completed by England’s maternity safety watchdog (Maternity and Newborn Safety Investigations) between 2020 and 2023 into cases including the tragic deaths of babies before, during and soon after birth, and the deaths of expectant or new mothers.  

For every 1,000 deliveries by black women, there were 2.3 investigations, compared with 1.3 for white women. Further, the research revealed that black mothers are also three times more likely to be subject of an investigation regarding an instance of maternal death and just over twice as likely in cases of intrapartum stillbirths. As the article explains, the higher rate of investigations reflects black women’s increased likelihood of experiencing maternal death, stillbirths and having babies born with severe brain injuries.  

It is disappointing that the results of the study by the University of Liverpool compound these previous research findings and indicate that systemic issues reported in maternity care extend to the care provided to neonatal babies. The impact on outcomes for babies born to black, Asian and mixed ethnicity mothers is significant and cannot be overstated. We know from our work with NGOs such as Birthrights and The Motherhood Group that the consequences of these persistent health inequalities have a devastating effect on those impacted. 

Racial inequality in healthcare, highlighted in the Birthrights Inquiry, the University of Liverpool study and countless other research papers, must be recognised as a persistent and systemic issue, which needs to be taken seriously and addressed urgently.  

A national inquiry into maternity services in England was announced earlier this year. It has stated that it will look into racial disparities within maternity care, among other issues. Parliament has stated that the investigation will outline a series of measures to immediately improve care including an “anti-discrimination programme to tackle inequalities in care for Black, Asian and other underserved communities”.  

The announcement of the national inquiry followed a series of high-profile maternity failings in a number of trusts and a series of local investigations. Leigh Day hopes that the inquiry will pay sufficient attention to how racial inequality is affecting maternity and neonatal services and the outcomes for black and Asian mothers and their babies.  

Leigh Day is also supporting the Equitable Bereavement Care Conference 2025 on 19 November in London. The conference aims to facilitate a day of learning, sharing, and connecting with black and Asian parents affected by baby loss and experts in the field of maternity and perinatal bereavement care. The theme for this year’s conference is Honouring Loss & Confronting Racial Disparities. 

Our medical negligence team is proud to work with and support a number of organisations working to champion black and Asian families and address health inequality. With a recent event in Westminster hosted by our partners The Motherhood Group in collaboration with the Maternal Mental Health Alliance and Centre for Mental Health, there is hope that families are finally being listened to.