A two month old baby died after being left to sleep alone in a shed by his parents, a judge ruled.
The tragedy occurred on June 2, 2020, when the "happy" baby boy, referred to as baby 'Z', was placed in a carry cot on top of an uneven cardboard 'Star Wars box' in the outhouse style building. The parents, who cannot be identified, had denied putting him in the shed and claimed he had been asleep in their bedroom when the dad found he had stopped breathing.
When paramedics attended the house baby Z was in a bedroom with his parents. However, police searched the house within half an hour of him being rushed to hospital and found the carry-cot in the shed in a "tipped up" position, with a dummy and some vomit inside.
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The medical cause of death was unclear, and lawyers for the parents argued that the baby had died of Sudden Infant Death Syndrome (SIDS). However the court concluded that his breathing or ventilation had been "compromised" after the cot tipped "head first" off the box leaving his head pressed against the side in an "unnatural position".
The case was heard at Liverpool Family Court in Vernon Street, where the judge had been asked to make "findings of fact" over the incident so decisions could be made over baby Z's siblings, both born after his death. The local authority or police force involved also cannot be named.
Judge Steven Parker concluded that the parents had "colluded to provide a false account of the circumstances" to police officers, medical professionals and social workers. In an anonymised written judgment, he described how the family lived in a bungalow with baby Z's paternal grandparents, and had been struggling due to the overcrowded living conditions.
Judge Parker wrote: "At the time Z died there was tension in the mother and father's relationship caused by living in overcrowded circumstances and during lockdown, lack of sleep and intimacy and poor mental health on the father's behalf.
"These matters led to poor communication and arguments between the mother and father, and reached the point where parents were not coping well and needed a break from caring for Z. Contrary to safe sleeping guidelines, aged less than eight weeks old, Z was sometimes placed on the floor in a room on his own away from his parents, to cry and self-soothe."
The court had heard that baby Z's mum, who described him in court as "the cutest baby you've ever seen", initially told the police he had been found in the shed before changing her story.
Both mum and dad claimed the cot had been moved out of the bedroom to clear the way for paramedics to treat baby Z, but was placed in the shed later to "get it out of the way". However Judge Parker did not buy their explanation and wrote "they are telling lies to conceal the truth".
He said he could not conclude whether the mum or dad had placed the baby in the shed, but said he was satisfied that both knew about the situation at the time.
Judge Parker also noted there was a mug and bottle on a table in the bedroom, where the parents said he had been sleeping in his cot, and that a Playstation games console connected to a TV in the bedroom was switched on when police arrived.
Speaking of the position the cot was found in the shed by police, he said: "The reason that the cot is in that position is because it was placed in an insecure and unsafe position due to the length of the cot extending significantly beyond the width of the box, such that it had a propensity to fall and did so.
"Perhaps due to Z's movement, perhaps not. The cot tipping was not just reasonably foreseeable in my judgment, it was a clear and obvious risk to any reasonable parent."
Judge Parker said the parents had struggled to cope in a "pressure cooker" situation in the bungalow, and , "did not feel that they had any proper support" due to lockdown.
He concluded: "This judgment will come as crushing blow for the parents. They have already had to cope with the loss of Z and now having avoided any finding by a court of blame in the last two years, are suddenly confronted by such a finding.
"In the hope that it mitigates the devastation for them, I fully accept that they did not intend to cause Z any harm at all. Quite the contrary. They were searching for peace and quiet in a pressure cooker situation and made very bad choices."
He said the decision to place Z on the box was "neglectful" but was not "deliberate harm". The judge wrote: "Nor was it borne out of any loss of love for their child. This child appeared well-nourished and there were no signs of any injuries, current or past.
"They have paid and continue to pay a heavy price. They will need a lot of professional support moving forwards, not least to deal with their grief."
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