T, R (On the Application Of) v HM Senior Coroner for the County of West Yorkshire (Western Area) [2017] EWCA Civ 318 (28 April 2017)

Two issues arise for determination… First, whether the Coroner is entitled to conduct an investigation and inquest… into the question whether a child was still-born or survived her birth and died later (“the jurisdiction issue”). Secondly, whether the Coroner was right to deny anonymity to the mother of the child and members of her family (“the anonymity issue”). (paragraph 1)

In the morning of Tuesday 5 March 2013, the claimant, and her mother, attended hospital,,. They brought with them a shoebox containing the body of a baby girl. It was clear that death had occurred sometime before. (paragraph 3)

…a coroner can investigate the death of a baby who may have been born alive or may have been still-born without first being satisfied on balance of probability that it was born alive, so long as he suspects one of the matters set out in s.l(2) is in play. The question whether there was a death is a component of the matters which may be the subject of suspicion.(paragraph 54)

We therefore dismiss the proceedings on the jurisdiction issue and on the anonymity issue. (paragraph 82)