Parents exonerated by top judge after death of their child and action by council to take other children into protection
By Neil Speight
14th Apr 2021 | Local News
A HIGH Court judged has cleared the parents of a child who died in Thurrock of any responsibility for her death.
Mr Justice Newton has issued his ruling after a complex case brought before him in the wake of the death of the unnamed child, an 11-month-girl, which resulted in her siblings being removed from the parents' care by Thurrock Council.
The other children have now been returned to their parents.
In his summing up of the case the judge said: "This family were previously unknown to the authorities, it is perfectly obvious that they are a close and decent family, where the children were and are lovingly and attentively cared for, and who have behaved appropriately at all times in unimaginably distressing circumstances.
"While the local authority could not possibly be criticised for the steps which they have taken, indeed quite the reverse, all the evidence now so clearly points in one direction, that this was a tragic accident, that it is appropriate that I should exonerate the parents, and I do so."
The court heard that the baby, known as 'P' was found at the family home in Thurrock in the early hours of 5 July, 2020 and was unresponsive and was given mouth to mouth resuscitation and CPR.
After an initial call to the ambulance service she was taken to Hospital, arriving at 1.10am. She was subsequently transferred to Great Ormond Street Hospital. The parents explained that P had become entwined in a small fleecy blanket which had completely covered her head.
In the immediate aftermath of P's death, the other children were placed under police protection and were moved to stay with a family friend and the council was granted an Emergency Protection Order. The council indicated that it would consider carefully whether it might be possible to place the children within the extended family and the children were able to move to live with their parental grandparents on 24 August 2020.
A long and detailed investigation into the cause of the child's death then followed, and an exact cause of death has yet to be concluded.
The case then became subject to significant legal proceedings as it was considered if a major hearing be held into what had happened. The balance of a number of arguments from all sides involved, including parents and the council, was heard, resulting in the recent decision by Mr Justice Newton that proceedings should end.
In his statement he concludes: "My assessment so far of all the evidence, whilst it might still be thought by some necessary to hold a fact finding hearing, I do not consider that such a course is appropriate."
The full circumstances of the case and judgement can be found here.
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