Stillbirth Inquests UK: A Gap in the Law

I listened with interest to Eva and Tom Hender who spoke movingly this week on ITV about their son, Aubrey, who was stillborn at just under 37 weeks of age and their disappointment the coroner has no power to investigate the death or hold an inquest.

An inquest is a legal investigation to establish the circumstances of a person’s death including how, when and why the death occurred.  In the context of a case where medical negligence may be a factor, an investigation is held if death occurred as a result of medical treatment or medical procedure, was sudden or unnatural, or the cause of death is still unknown after a postmortem.

Inquests are different to criminal trials as they don’t try to establish blame.  Usually, the hospital or other agency will notify the coroner if they consider there should be an investigation.  You do however, have the right to contact the coroner if you have concerns. Whilst a coroner could become involved if the baby had taken only one breath before passing away it does not apply where a child is stillborn. So why the distinction? The Hender’s have been denied the right to have a coroner led investigation into the death of their son in circumstances where they have concerns Aubrey’s death may have occurred as a result of failings in the management of the pregnancy. Tom Hender said “it [an inquest] would allow them [stillborn babies] to be seen as people which effectively the system is saying they are the only people who die who are not allowed a coronial investigation, so they are not a person.” 

This issue is being looked at as part of the Maternity Review being conducted by Baroness Amos although only for babies born dead after 37 weeks of pregnancy which would still exclude Aubrey and other children stillborn at less than 37 weeks.

I am consulted by parents who wish to bring a claim in order to try and find the answers to what went wrong to cause the death of their unborn baby. They often tell me of flawed investigations and being “fobbed off” when trying to establish what happened to their child. They want transparency and candour which isn’t always forthcoming. An inquest would provide the independent investigation needed and, importantly for most of my clients, ensure lessons are learned to try and prevent other parents and families having to go through the same heartache.

If you have concerns surrounding the circumstances of a stillbirth or the care received during pregnancy, seeking early legal advice can help you understand your options and your right to answers. Our team is here to support you with sensitivity and clarity please get in touch for a confidential conversation.

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