CA-2025-001313 & CA-2025-001318 - [2025] EWCA Civ 1044

A post mortem examination was carried out by Dr Cary (Home Office forensic pathologist) and another pathologist. Z appeared to be a well-cared-for, well-nourished baby and there were no external injuries. Further investigations were carried out by Professor Mangham (histopathologist), Professor Luthert (ophthalmologist) and Professor Al-Sarraj (neuropathologist). Their broad consensus was that Z had sustained extensive injuries to the brain, eyes and spinal cord, associated with shaking/impact trauma. There were some limited differences of opinion, arising principally from the fact that no subdural haemorrhages were found.

These experts gave evidence to that effect at a Coroner’s inquest on 1 September 2022. A police officer gave evidence that there was nothing to denote child cruelty or neglect. The mother made a written statement and gave evidence. She described finding Z unresponsive in his cot. Realising something was seriously wrong, she panicked and ran with him to her grandmother. She denied any rough handling or frustration. She said that she had a lot of questions about what had happened to Z in the ambulance and at hospital. The grandmother gave evidence of the mother bursting into her room with Z. The Coroner recorded that Z had died from a head injury and returned an open verdict.

At an earlier stage, the mother was interviewed by the police and in May 2020 she was arrested for murder, but in late 2022 the Crown Prosecution Service determined that no further action would be taken in respect of Z’s death.