Parliament required a report on coronial investigation of stillbirths in 2019.
More than seven years later, that report has still not been delivered.
The issue
Under current law, whether a death can be independently investigated by a coroner may depend on whether a baby showed signs of life after birth.
Where a baby is born alive and later dies, a coroner can investigate the circumstances of that death.
But where a baby is stillborn, coroners do not currently have jurisdiction.
This means that families whose babies were stillborn may be denied access to independent judicial investigation.
In practice, this can mean that two very similar circumstances are treated differently depending on whether a baby took an independent breath.
The legal position
In 2019, Parliament passed the Civil Partnerships, Marriages and Deaths (Registration etc.) Act 2019.
Section 4 of that Act requires the Secretary of State to report to Parliament on whether, and if so how, coroners should investigate stillbirths.
The legislation required that report to be published within twelve months of Royal Assent.
More than seven years later, the report has still not been presented to Parliament.
Why this matters
When serious concerns arise about the circumstances surrounding a death, coronial investigation provides an independent judicial process capable of examining those concerns.
For families whose babies were stillborn, that independent route is not currently available.
Concerns may instead be examined through healthcare-led reviews or national investigations, which may identify learning but do not provide the same form of independent scrutiny.
For some families, this creates a gap in accountability at the point where independent investigation may be most important.
The campaign
No Breath Required is calling for a route to independent coronial investigation where concerns arise following a stillbirth.
The campaign’s central principle is simple.
Access to justice should not depend on whether a baby took a breath after birth.
Where serious concerns exist, those circumstances should be capable of independent judicial scrutiny.
Further information
The pages on this website explain:
• the legal definition of stillbirth
• the limits of coronial jurisdiction
• the statutory duty created by Parliament in 2019
• the policy developments that have followed.