Independent midwives take regulator to court in row over indemnity

Self-employed midwives have taken their regulator to judicial review over the future of a professional indemnity scheme.

Independent Midwives UK (IMUK) objects to the Nursing & Midwifery Council (NMC) having decided that its indemnity scheme was insufficiently funded, despite IMUK saying it had been deemed suitable by two independent actuaries.

IMUK said its members were trained to the same standards as those who work in the NHS but chose to “have autonomy over their work they are able to offer long-term, quality care for their clients”.

Midwives of all kinds are legally required to have professional indemnity insurance and IMUK said its scheme mirrored that of the NHS and indemnity cover had never been the subject of complaints.

It said it had for the last three months sought alternative arrangements but the NMC had now told IMUK members not to attend clients in labour.

IMUK said it had been advised that the NMC ruling was unlawful and so had started proceedings.

The NMC said it had ruled against the IMUK scheme following an investigation that showed it had inadequate funds to settle significant claims, for example for catastrophic injury.

NMC chief executive and registrar Jackie Smith, said: “We have been in dialogue with IMUK for some considerable time to try and resolve our concerns about their indemnity provision. Our priority has always been to ensure the safety of women and their families.”

She said only some 80 midwives used the IMUK indemnity scheme, while more than 41,000 others operated with adequate indemnity cover.

Mark Smulian