Source · Prevention of Future Deaths

Dainton Gittos

Ref: 2022-0269 Date: 31 Aug 2022 Coroner: Paul Cooper Area: Lincolnshire Responses identified: 0 / 1 View PDF

The coroner questioned why charges under the Children and Young Persons Act were not brought against the parents, given the evidence presented.

Date 31 Aug 2022
56-day deadline 29 Nov 2022 est.
Responses identified 0 of 1
Child Death (from 2015)

Coroner's concerns

AI summary
The coroner questioned why charges under the Children and Young Persons Act were not brought against the parents, given the evidence presented.
View full coroner's concerns
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

Report sections

Investigation and inquest
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 vunerable 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
Circumstances of the death
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 sate 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 father to use the none-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

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Report details

Reference
2022-0269
Date of report
31 August 2022
Coroner
Paul Cooper
Coroner area
Lincolnshire

Responses identified

Responses identified 0 of 1
1 response not yet linked

Organisations named in PFD reports are normally expected to respond within 56 days. Deadline: 29 Nov 2022 (estimated).

Sent to

Constable of Lincolnshire

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