Basingstoke mum arrested after hospital mistake birthmark for abuse

Laxmi Thapa has accused Basingstoke hospital of discrimination after staff failed to recognise her son had blue spot – a type of birthmark which is extremely common among mixed ethnicity, Black and Asian children. 

The 29-year-old, whose son was born on November 19, 2023, was told that he had blue spot by hospital staff, which she said was recorded in his notes.

She was advised to monitor the blue spot but became concerned when the mark got darker and spread around his hand and shoulder. She contacted her GP on May 28, who advised her to attend the emergency department at Basingstoke hospital, where she was told her baby needed to be investigated.

However, rather than being offered advice or reassurance, the new mum endured a traumatic four days when hospital staff suspected her of abuse and took her baby away, mistakenly believing the birthmark was a bruise.

READ MORE: Basingstoke cancer survivor completes half marathon against all odds for charity

(Image: Laxmi Thapa) Laxmi, who moved to Basingstoke from Nepal 18 months ago, said a full check-up was not carried out and she was asked to sign documents which she could not read, before being told the police were outside. 

“They had already made assumptions. One of the police officers took my mobile and my bag and said ‘you have to go into custody while we investigate’. I said ‘why’ and she said ‘you have abused your baby’.”

Laxmi, who was interviewed by the Gazette with assistance from interpreter Poonam Gurung, said she was given no further information about her arrest, or how long the investigation would take. 

She described feeling “helpless” when her baby was taken away from her, and said she was not allowed to continue to breastfeed him, despite raising concerns about this. 

“I felt they were treating me like a criminal because I’m from another country and I’m another colour. I was judged by my colour and because my language was different. I felt very discriminated against,” said Laxmi, adding: “I felt helpless and I tried to explain but they didn’t want to listen to me. I just kept thinking ‘what about my son’.”

Laxmi, whose husband was away at the time, was put in a cell for 20 hours and said she was not allowed to call anyone or see her son.  

“I said so many times ‘I’m breastfeeding, I need to express my milk every four to five hours’. I requested to send the milk to my son. I asked ‘how is my son, how is he doing?’. They said ‘your son is not in danger, he’s okay in hospital’.”

SEE MORE: Mum launches campaign after abuse suspicion at son's birth

Laxmi was not allowed to see her son for four days (Image: Laxmi Thapa)

Laxmi’s family had no idea of her arrest. She said she was questioned for up to two hours by two police officers, accompanied by a solicitor and interpreter on a phone call, before being released on bail. 

However, it was another three days before she was reunited with her son on May 31, when the hospital finally recognised that the marks on his body were blue spot, and not bruises. 

She said the doctor who handed him over apologised, but the family are questioning why hospital staff failed to recognise the blue spot, despite it being recorded in the baby’s notes. 

READ MORE: Celebrities back Basingstoke mum's blue spot campaign

The family, with support from the founder of the Blue Spot Campaign Faye Wheeler, have submitted a formal complaint to the hospital about the way Laxmi was treated, asking for a full investigation. 

Faye, who grew up in Basingstoke and has campaigned tirelessly both locally and nationally around blue spot, after feeling under suspicion of abusing her own son when doctors failed to recognise that he had blue spot, has spoken of her disappointment about Laxmi’s experience. 

The mother-of-two, who is a psychotherapist and racial disparities consultant, discovered that many other women whose children have this type of birthmark are also accused of abusing their baby. She launched a campaign in 2020 to raise awareness, which has received huge support, including from celebrities. 

Faye, who previously received reassurance from HHFT that its staff receive blue spot training, said Laxmi’s case highlights that more needs to be done and she has questioned why checks were not carried out before police were called. 

“Laxmi was let down by the system. I still want to see more education, research and training into blue spot and I think there needs to be a protocol for it. I was deeply saddened about the case and I’m supporting them through it,” said Faye. 

She has questioned why it was assumed that the mark was a bruise when blue spot is common in mixed ethnicity, Black and Asian children, and why the baby’s previous records were not checked. She has also asked why Laxmi was not given an interpreter in hospital to explain what was happening. 

“The marks were in the same location as previously documented. It appears that the emergency department doctor did not consider blue spot,” she said, adding: “If this was on 80 per cent of white children, I believe, a policy and protocol for identifying blue spot would already be in place.”

Faye has also raised concerns about the psychological impact on Laxmi caused by the separation from her baby and being unable to breastfeed him, while feeling frightened and vulnerable in police custody. 

Laxmi said that when her son was returned to her, she ‘cried with happiness’ but soon realised that her baby was behaving differently: “He was so happy before, everyone said what a happy baby he is but when he came back, he wasn’t like before, he was not smiling. 

“I had explained that he had eczema and shouldn’t be fed bottle milk but I was only allowed to supply express milk from home to feed my son. It made the eczema worse after he left hospital. He was very unhappy and sad and lost,” she said. 

Following the trauma, Laxmi said she is now afraid to take her son back to hospital for fear of being arrested again, adding: “I lost my confidence in going to hospital in the future in case it happens again. I was really stressed emotionally after that.

“I told them it’s blue spot, it’s normal but instead of doing a proper check and looking through the red book they made assumptions.”

Laxmi has courageously decided to speak about her experience with the hope that it will never happen to another family. 

Poonam Gurung, who is supporting the family through her role as a community volunteer in Basingstoke, said: “We live in a diverse and multicultural community but this is happening again and again. No one should go through this and be judged by their colour and discriminated.”

Basingstoke and North Hampshire Hospital

Response from Hampshire Hospitals NHS Foundation Trust

“Safeguarding policies and procedures are designed to identify risks and protect children. In all cases reported to the police, experienced staff will have followed these guidelines.

“We cannot comment on specific cases; however, safeguarding babies and children will always take priority. Differentiating between suspected bruising and Mongolian blue spot is complex and protocols have to be followed.”  

It declined to say whether it provided an interpreter for Laxmi.

Response from Hampshire Constabulary

Detective Chief Inspector Gemma Anacora from the northern child abuse investigation team said: “Any investigation involving a baby or young child is very emotive and can be distressing for all of those involved. We understand the concerns raised, however we need to take each report at face value and carry out a thorough investigation to establish what has happened. After receiving a number of medical reports and scans in this case we are now confident that an assault has not taken place.

“We were contacted shortly before 7pm on Tuesday 28 May in relation to the concern for the welfare of a six-month-old boy who was receiving treatment at North Hampshire Hospital in Basingstoke. The concerns raised were in line with agreed protocols that require police contact and as part of our enquiries a 29-year-old woman from Basingstoke was arrested on suspicion of assaulting, ill-treating, neglecting, or abandoning a child or young person to cause unnecessary suffering or injury, and attempting to assault a person thereby occasioning them actual bodily harm. Following the results of various medical tests she has now been released without charge and will face no further action.

“Throughout our investigation we ensured that we utilised all resources available to us, including translation services, to maintain the welfare of all parties involved. If someone is unhappy with the contact they have had with our officers, they can speak to us directly by submitting their feedback through the Hampshire & Isle of Wight Constabulary website - https://www.hampshire.police.uk/contact/af/contact-us-beta/contact-us/feedback-thanks-complaints/”