The RCM stresses that gas and air is safe for women to use for pain relief during labour as the case was about the conditions midwives were working in, not the gas itself.

Gill Walton, the RCM chief executive and general secretary, says it is “imperative” that NHS buildings, fixtures and fittings are invested in to “prevent this from happening again”.

She says the RCM has worked directly with the Health and Safety Executive (HSE) to update and improve guidance on the use of Entonox.

It has also written to every NHS trust in England to make them aware of the risks of the gas.

“The maternity estate is very poor – not just in Basildon but in other areas as well – and poorly maintained equipment, poor ventilation meant that those leaks were having a serious impact on the health of midwives working in the unit,” says Walton.

“Maternity falls to the bottom of the list for investment all the time and there are crumbling maternity hospitals all around the country, and that’s part of the problem.”

In guidance issued to trusts in 2023, NHS England says staff exposure to nitrous oxide should be regularly assessed and monitored, and that hospitals should consider specialist ventilation and air purification systems – known as scavengers – to minimise risks to maternity staff.

The guidance says trusts should carry out risk assessments in any area where gas and air is used and ensure staff are trained and aware of monitoring results.

NHS England said the effectiveness of these measures should be assessed via regular air quality monitoring.

According to the Department of Health and Social Care, Mid and South NHS Essex NHS Foundation Trust, which covers Basildon University Hospital, was allocated £8.6m from the estates safety fund in 2025/26, with a further £4.7m over the next few years.

This covers building safety works, including new air handling units and other schemes identified by an NHS trust as priorities.

NHS Resolution, which manages legal claims and compensation cases on behalf of the NHS in England, confirmed the payouts for 121 workers.

On Tuesday, in response to the BBC’s questions, it says its latest data shows it has paid £172,510 in legal costs in relation to this group of claims as of mid-August.

“This figure is not final and may increase as outstanding matters are resolved,” it adds.

One claim still has to be settled in the group action, according to the RCM.