(Parliamentary
Under-Secretary of State for Justice): I am pleased
to announce the publication of a consultation on introducing the
coronial investigation of stillbirths in England and Wales (CP
16), which has been laid before the House today.
Under current legislation coroners cannot investigate a death
when it is known that the baby was not born alive. If there is
doubt whether a baby was born alive, a coroner can investigate
(which could include holding an inquest), but must halt that
investigation if they determine that the baby was stillborn. Our
consultation considers the case for coroners investigating
stillbirths and sets out proposals for how these investigations
could be undertaken. The proposals seek to deliver three
objectives:
• to bring greater independence to the way stillbirths are
investigated;
• to ensure transparency and enhance the involvement of bereaved
parents in stillbirth investigation processes, including in the
development of recommendations aimed at improving maternity care;
and
• to effectively disseminate learning from investigations across
the health system to help prevent future avoidable stillbirths.
The consultation delivers the Government’s commitment to consider
enabling coroners to investigate stillbirths, made in November
2017, when the then Secretary of State for Health launched a
suite of Maternity Safety Strategy initiatives and committed to
halve stillbirth rates by 2025.
It is thus a joint undertaking between the Ministry of Justice
and the Department of Health and Social Care. I and the
Parliamentary Under-Secretary of State for Mental Health,
Inequalities and Suicide Prevention (Jackie Doyle-Price) are
grateful to the many people and organisations that have worked
with officials in both Departments as we have developed our
proposals.
Since the November 2017 announcement, meetings have been held
with a wide range of interested parties including bereaved
parents and supporting charities, the Chief Coroner and a number
of Senior Coroners, NHS representatives, Healthcare Safety
Investigation Branch officials, officials in the Welsh
Government, academics and the Royal Colleges of Pathologists,
Midwives, and Obstetricians and Gynaecologists. Their insight and
expertise have been invaluable in helping us develop our
thinking.
The consultation seeks views on the merits of coroners inquiring
into the causes of stillbirths and contains proposals as to when
and how those investigations should take place, reflecting
existing processes and arrangements for coronial investigations
into child and adult deaths.
We propose that all stillbirths that occur at or after the 37th
week of gestation should be in scope of an inquest and our
proposals cover such matters as access to documents and medical
examination of the stillborn baby.
A coronial investigation would provide greater transparency in
stillbirth cases. Under our proposals evidence would be available
to all interested persons, including the bereaved parents, who
may not otherwise have the opportunity to hear or read everything
that is presented when a stillbirth is reviewed. The coroner
would bring judicial independence which would help build
confidence in the conclusions of the investigation.
We propose that coroners should identify where lessons can be
learnt from individual stillbirths in ways that will deliver
system-wide improvements to the delivery of maternity services
and the general care and safety of expectant mothers.
Whilst we have been developing our proposals, MP’s Private Members' Bill,
the Civil Partnerships, Marriages and Deaths (Registration Etc.)
Bill, has been progressing through Parliament. The Bill, which is
supported by the Government, seeks among other things to place a
duty on the Secretary of State to prepare and publish a report on
whether, and if so how, the law ought to be changed to enable or
require coroners to investigate stillbirths. The consultation
document takes account of the views expressed by members of both
Houses during the debates on the Bill.
The consultation document and an impact assessment have been
placed in the Library of the House and are available online at:
https://consult.justice.gov.uk/digital-communications/coronial-investigations-of-stillbirths.
Copies of the consultation document and the impact assessment are
being sent to the stakeholders listed at Annex A of the
consultation document.
We look forward to hearing from anyone with experience of, or an
interest in, this important and sensitive area.
The consultation closes on 18 June and the Government will
publish its response later this year.
