Death of Dundee toddler Brandon Muir ‘could not be predicted’, says report

Social work chiefs have denied allegations of a whitewash after a report out today concluded that the violent attack on a toddler by his mother’s drug-addicted boyfriend could not have been predicted.

Brandon Muir, aged 23 months, died on March 16 last year after he was hit so hard by Robert Cunningham at his home in Dundee that his intestine ruptured. Cunningham is now serving ten years for culpable homicide.

Brandon’s grandparents raised the alarm with social workers as soon as Cunningham, who had a history of domestic violence, moved in with their daughter, Heather Boyd, and her children.

But today a significant case review by James Hawthorn, a social work consultant, concluded that the authorities had had “little opportunity” to intervene, as Cunningham had only been living with Boyd for three weeks when the fatal attack occurred. No red flags had gone up around the case, and social workers felt they had other children on their books in more serious danger.

Although various social workers and health workers who saw the family had concerns, the information was not fully shared. Social workers who interviewed Boyd and Cunningham were unaware of their criminal records, or that Boyd had started using heroin and turned to prostitution to pay for her addiction, leaving her children in Cunningham’s care.

The report recommended that in future all the different authorities involved in child protection should try to share information better, and to place more emphasis on the welfare of children in households with drug addicts and violent offenders.

“This was not a whitewash. We made all our staff available, all our records were made available. We have complied fully with all the requests made of us,” said Alan Baird, the chair of the Dundee Children and Young Persons Protection Committee.

“I think staff responded quickly across agencies, and there are a number of things within the report we take very seriously. We are moving forward on all issues identified and accept all recommendations in full.”

Peter Wilson, a former Chief Constable of Fife who backed Mr Hawthorn’s findings in his own independent report, said that when Brandon’s grandparents noted their concerns, the authorities met within 24 hours, and were due to reconvene for a conference in three weeks.

Those three weeks were “not a period of inactivity”, he said. Mr Wilson said there was not a systemic failure within child protection.

“We are talking about areas that need to be tightened up, but that is very different,” he said.

Asked at a press conference in Dundee whether his report had been a whitewash, Mr Hawthorn insisted it had been an “examination of the circumstances as they were known and recorded”.

He repeated that Brandon’s death could not have been prevented, and that “there was never any hint of a chaotic household or chaotic lifestyle”.

Brandon’s family were “below the radar”, he said, adding: “Health workers and social workers would say there were many, many more families on their caseloads that were more worrying.”

But he also stressed that neighbours had not turned a blind eye to the family.

“It would be unfair to paint a picture that there was no coming forward from members of the community – there was and it was responded to.”

The report reveals that concerns had been raised about Brandon’s welfare, including a report that Boyd had smacked Brandon on his bare bottom until her hand was sore at a parents’ group in February of 2008.

That same month both Brandon’s grandparents, Boyd’s mother and father, told social workers of their alarm that Boyd — who had another child apart from Brandon — was in a relationship with Cunningham.

Social workers told the grandparents it would “probably not be in the children’s best interests” for them to be cared for by Boyd at this point.

Later in February Boyd and Cunningham came in with Brandon to see social workers. The report said that social workers thought Boyd “did not appear to have taken seriously the various concerns raised” and also described her as being “smirking and dismissive of the social worker’s advice and suggestions”. Social workers were concerned about her change in attitude and arranged an urgent meeting.

But no information was presented on Boyd’s previous police history at the meeting, and while allegations of domestic abuse by Cunningham were raised, there was no information highlighting a more serious aspect of the two most recent allegations.

The report said: “Therefore not all current information was shared.” If all the information had been made available, it “would have allowed a full and current risk assessment of potential risks to the children” to be carried out.

However, the “fatal assault on Brandon which led to Brandon’s death on March 16 2008 could not have been foreseen”. While those at the meeting had “serious concerns” about the situation, “there were no red lights or alarms around this case”, the report said.

They concluded that there should be an urgent case conference, scheduled for March 18 — two days after Brandon’s death — but that there were no immediate grounds for removing the children at that time.

Social workers who visited Boyd and her children at their home on March 11 saw a graze on the side of Brandon’s cheek, although this was not recorded in case notes.

The next day health visitors who examined Brandon noticed a round scab to the side of his left eye. Boyd said that the youngster must have fallen off the bed, however the report said the health visitors “did seriously consider whether it might have been a cigarette burn”.

The next day, March 13, Boyd attended a drop-in clinic with Brandon, where a staff nurse was concerned at the lack of a bond between the boy and his mother. The nurse also thought that Boyd had lost weight and that her teeth were in a poorer state that she remembered, and wondered if Boyd might be taking drugs.

The report said that both health and social work staff were dealing with a “high volume of complex referrals” and that there were “significant staffing pressures”. It recommended that all agencies must ensure the most up to date information is made available at case conferences.

“Where any agency becomes aware of an adult causing concern who moves to a household with children, this information must be shared across all relevant agencies involved with the children.”

The Scottish government said that the recommendations from today‘s reports would be taken up by a national review of child protection guidance, to be published next year.

And a national child protection coordinator is to be appointed to work with the country’s 30 child protection committees to improve standards.

Fiona Hyslop, the Scottish Education Secretary, said: “Brandon’s life was cut short before it had really begun and no reports or words will ever ease that loss. However, we owe it to him and to his loved ones to ensure that today’s findings help improve child protection for other vulnerable children in Dundee and where necessary elsewhere.”

Labour said that the report showed that the system was not working. Iain Gray, the Scottish Opposition Leader, said that that the First Minister should drop his “complacent” stance to child protection and back Labour’s call for a national inquiry.