J (a child : Fact-finding)

I am concerned in these public law care proceedings with a little girl �J� born on 14 th April 2012. In order to take informed decisions as to her future care I need to investigate the events surrounding the death of her half-sibling, baby �M� on 21 st July 2014 and to make such findings as I can on the evidence I have heard. J�s anonymity is protected by a Reporting Restrictions Order made by Moylan J on 1 st August 2014.

J�s mother is AA. She had a relationship with a married man BB and conceived J giving birth on 14 th April 2012. The long-standing adulterous relationship between AA and BB was destructive with separations and reconciliations. It was characterised by cross-allegations of domestic abuse, drug and alcohol abuse and criminality. The local authority took care proceedings. On discharge from hospital when just a few days old J was placed with BB�s sister (paternal aunt).� I identify her in this judgment simply as Miss C.

Assessments by the local authority of AA and BB were negative. Assessments of Miss C were by contrast wholly positive. On 2 nd May 2013 the care proceedings were concluded and Miss C was made J�s Special Guardian.

AA again fell pregnant. She gave birth to baby M on 17 th May 2013. It was initially believed that BB was also M�s father.� M was accordingly placed with J in the care of Miss C following his discharge from hospital on 29 th May under an interim care order. On 12 th June 2013 DNA tests revealed that BB was not in fact M�s father. Miss C made it clear that this fact made no difference to her desire to care for M as well as J. �Following a further positive assessment of her Miss C was made a Special Guardian to M by Order dated 14 th October 2013.

No concerns were raised about Miss C�s care of either J or M until 19 th July 2014. On that day at some point before 1.35 in the afternoon and whilst in the sole care of Miss C, M sustained global hypoxic ischaemic brain damage which rendered his life unsustainable. Treatment was withdrawn with the consent of his mother AA and Miss C as his Special Guardian on 21 st July and he died shortly afterwards at the QMC here in Nottingham.