FAI: Declan Hainey subjected to ‘prolonged neglect ‘

By The Press Association5th September 2014News ScotlandChild Abuse, Inquiry, News Scotland

Defects in the system responsible for the care of a toddler as well as “prolonged neglect” were factors which contributed to his death, an inquiry has found.

Declan Hainey’s body was found in his cot at his home in Paisley, Renfrewshire, in March 2010 when he would have been 23 months old.

His mother Kimberley Hainey (pictured) was found guilty of his murder in 2011 after a trial at the High Court in Glasgow but the conviction was quashed by appeal court judges last year.

A fatal accident inquiry into the circumstances surrounding the child’s death was held at Paisley Sheriff Court over 36 days between May and July this year.

In a written determination published today, Sheriff Ruth Anderson found a number of factors where the death might have been avoided.

She said the exact date and cause of death is unknown but added: “The prolonged neglect of Declan by his mother and sole carer Kimberley Hainey was at least a contributory factor in his death.”

Sheriff Anderson stated that if medical information relating to Declan’s mother’s alcohol and drug problems had been passed to all social work and health staff with responsibility for Declan, the case might have been handed differently.

She said: “Had the available information been obtained, it would have contributed in April 2008 to a more realistic assessment of the risks which existed in relation to Kimberley Hainey’s ability to care for her son and would have continued to be an important factor in any continuing assessment process.”

The inquiry also found that if the agencies involved in the information-gathering process before and after Declan was born had obtained all the information which was available to them and assessed the risk factors realistically, it would have resulted in continued monitoring over a longer period of time.

She said health visitors should have been provided with all information available on the boy and his mother, which would have resulted in the case being categorised as one needing “intensive” support.

In her written determination, the sheriff said: “Having determined that on a balance of probabilities neglect was a contributory factor, the following defects in the system contributed to Declan’s death.

“There was no system in place whereby one of the agencies responsible for Declan’s well-being was in overall charge and there was no system whereby one named individual was responsible for co-ordinating all available information.

“This defect resulted in no formal inter-agency meetings taking place, especially in the period from February 2009.

“Had such systems existed, then those responsible for the care of Declan would have been aware of all that was happening and all that was not happening, and steps would have been taken to protect him from the risks resulting from Kimberley Hainey’s inability to take proper care of her son.”

She also said there was no system in place in relation to obtaining medical information and a “fundamental lack of knowledge by social work staff at the Royal Alexandria Hospital as to what information they were entitled and how they might obtain it”.

Had this information been available, decisions taken in the initial assessment process would have resulted in more protection for Declan, she ruled.

The sheriff made four recommendations including in relation to staff levels in social work and health services, training, and the distribution of medical information to those working in cases where there are children of substance-misusing parents.

She also said that when a notification of concern relating to an “unseen child” is made to any social work department, it should be treated with the “utmost priority”.

In her conclusion, she added: “When the findings and recommendations of an inquiry such as this are produced, the expression ‘lessons have been learned’ is one which is perhaps often used without much thought to its practical application.

“Some five years have passed since Declan died, and those in positions of management responsibility, as well as all staff, have taken their duties and obligations seriously, and many changes have now been made to remedy defects and tighten procedures and channels of communication.

“It is appropriate that the inquiry recognises those improvements and the work that has gone into achieving them and I do so now.”

Agencies responsible for child protection in Renfrewshire said they fully accept the inquiry’s findings and pledged to act on all the recommendations.

Andrew Lowe, independent chair of Renfrewshire child protection committee, said: “Declan’s death was a tragedy. The loss of this young boy demands that all of us examine the findings from this inquiry very carefully and apply the recommendations it contains.

“Much has been done in the five years since Declan’s death to strengthen child protection services in Renfrewshire. All of us involved in this work recognise the importance of a prompt and thorough response to the sheriff’s findings.”

He said the committee had already ordered an independent significant case review and all 16 of its recommendations, centred on improving the way agencies work together to protect children, have been implemented.

“All the agencies involved will take time to study the sheriff’s findings in detail. We each have a responsibility, individually as members of our community or as organisations directly involved in child protection, to be vigilant in meeting the complex challenges of supporting children at risk.

“We have significantly strengthened child protection service in recent years and we will use the findings of the sheriff’s report to further strengthen them,” he said.

Mark Macmillan, leader of Renfrewshire Council, said: “We must never forget that Declan’s death was a tragedy where a young child needlessly lost his life. Children need a home where they are loved and looked after. Providing that safe, nurturing environment has always been and always will be our over-riding goal. There is no higher priority for this council and our partner agencies.

“In recent years, the organisations involved locally have put in place a series of improvements in the way we work together, monitor and act in such cases. We now have new evidence and new recommendations which will support that crucial work.

“Sheriff Anderson has acknowledged the progress we have made in strengthening child protection services. The four recommendations in her report reflect and build on the 16 recommendations contained in the significant case review. But I am determined that everything possible will be done to ensure that the required improvements are made and the report’s recommendations are implemented.”