Dainton Harley Hill Cressell GITTOS · Prevention of Future Deaths report

On 20 April 2021 I commenced an investigation into the death of Dainton Harley Hill Cressell GITTOS aged 11. The investigation concluded at the end of the inquest on 31 August 2022. The conclusion of the inquest was that:

Dainton died as a result of the parent’s neglect in not supervising Dainton, who was a vulnerable child whilst he had a bath on 22nd January 2021 which contributed directly to the main cause of his death which from the Home Office pathologist’s report was as follows

The full medical cause of death being:

1a. Consistent with drowning

2. Cerebral Palsy due to congenital cytomegalovirus infection

1.Father gave child bath

2.Did not follow the manufacturer’s guidance

3.Left the child unsupervised

4.Told mother he was in the bath, yet mother says he told her he was in bed.

5.The child was found unresponsive by mother sometime later still in the bath

6.The child had cerebral palsy

7.The child could not speak, bear his own body weight and was unable to call out for help.

8.Slid under the water and drowned.

9.Social services records indicate child protection conferences were held in 2010-2011and 2013 -2014 under category of neglect and emotional harm

10.In 2014,2015 and 2017 registered as a child in need.

11.The expert for the police Dr. ████████ stated “All that can be stated with certainty is that if a carer were present and or the bath was filled in an unoccupied state that this outcome would not have occurred”.

12.CPS concede

a) It is beyond doubt that Dainton was a child and lacked capacity
b)████████ had responsibility for Dainton
c)There was a failure by ████████ to use the non-slip mattress in the bath
d)There is no doubt the lack of supervision of Dainton when he was in the bath amounted to neglect
e)Both suspects deny they were responsible for supervising Dainton when he was in the bath after father had left him

13.Extensive Class B drugs were found at the scene

I refer to all the evidence heard at the Inquest particularly, that of DC ████████ and the Police’s own expert Dr. ████████, (recited above) and do not accept why any charges have not been brought against either or both parents focusing on s1(1) Children and Young Persons Act 1933

The police are asked to review their file again in view of the many concessions made by CPS and the findings as to cause of death now made in the Coroner’s Court (admittedly on a different standard of proof but they are still findings after hearing evidence).

Neglect runs right through this case and irrespective of the parent’s allegations against each other in the Coroner’s Court the belief is that the evidence needs to be tested and if agreed charging criteria reconsidered as there are 3 other siblings.

A vulnerable child aged 11 is dead.