The claimant stated that she had given birth to her baby, but that her baby had died of natural causes very soon after birth. Post-mortem pathologists’ investigations took place. A coroner ruled that he had the power to conduct an investigation into the death. The claimant however sought permission to seek judicial review of that decision, contending that, pursuant to sections 1 and 14 of the Coroners and Justice Act 2009, a coroner first had to be satisfied, on the balance of probabilities, that the child was born alive, and not still-born, before he was empowered to conduct such an investigation. For the coroner, it was submitted that his conclusion was correct as to jurisdiction, and that section 14 of the 2009 Act envisaged a post-mortem investigation being carried out on a body which might turn out not to be that of a deceased person but a still-born child. The judge granted permission to seek judicial review and the claim was directed to be heard by the Court of Appeal, which would be hearing the claimant’s appeal from the judge’s further decision upholding the coroner’s refusal to grant an order of anonymity.
On the claim and the appeal —
Held, (1) claim dismissed. The Coroners and Justice Act 2009, and in particular sections 1 and 14 thereof, enabled a coroner to open an investigation into whether a baby was born alive or still-born, without first having to be satisfied on information gathered before he opened the investigation that the child was probably born alive, provided that the coroner suspected that one of the matters set out in section 1(2) of the 2009 Act was in play. The statutory scheme as a whole, read with the purpose in mind of an investigation and inquest, was to that effect; and the question whether there was a death was a component of the matters which might be the subject of suspicion. (paras 2, 42, 54, 73, 80, 82).
(2) The appeal against the order refusing anonymity was also dismissed (paras 73, 80, 82).
Stephen Cragg QC and James Robottom (instructed by Howells Solicitors) for the claimant.
Jenni Richards QC (instructed by Solicitor, City of Bradford Metropolitan District Council) for the Coroner.