Finley Boden: Safeguarding of murdered baby 'inadequate' - report

Finley Boden died on Christmas Day in 2020

A baby murdered by his parents 39 days after being placed back into their care "should have been one of the most protected children", a review has said.

Stephen Boden and Shannon Marsden were jailed for killing Finley Boden, who died on Christmas Day in 2020.

A safeguarding review said there were "significant shortcomings" in the care of Finley, who suffered 130 "appalling" injuries at the hands of his parents.

Authorities involved in Finley's care have apologised.

The local child safeguarding practice review, published on Wednesday, details key findings and makes a number of recommendations for future improvements.

The review identified pandemic lockdown restrictions as a major factor in helping the parents deceive authorities, but added opportunities to intervene were missed.

The report said Boden and Marsden were known drug users and Boden had already served time in prison for violent and threatening behaviour.

Finley was returned to their care on 17 November, following a family court hearing on 1 October, despite concerns over Boden and Marsden's drug use and the state of the family home.

The report said Finley, who was killed when he was 10 months old, was "completely dependent on their parents for all aspects of their care" and as a result "there were many risks inherent in this situation".

"This was not adequately understood," the report added.

A child safeguarding review into the circumstances surrounding Finley's death has been published

Finley Boden report: The key findings

• A social worker involved in Finley's care was off work for six weeks due to illness. During their absence, no social work visits took place

• On her return to work, Boden and Marsden did not allow her access to the home, and were "verbally abusive" and "shouting out of the front bedroom window"

• In the family court hearing, the local authority felt Finley should be gradually returned to his parents' care over a period of four months, but magistrates sided with the child's guardian, who said Finley should go back to his parents "within a six to eight-week period"

• Two days after Finley went back to his parents, a social worker visited the home and noticed a "bump" to his head, which was described as being "caused by a toy". It is not clear to what extent this explanation was interrogated

• During an unannounced visit, a social worker saw Marsden in the street, and "was seen to make some kind of transfer", which the worker thought might have been "drugs related". The social worker went towards her, but she was on the phone, the report said

• In the weeks before Finley's death, six children's social care visits should have taken place, but only four were attempted, the report said

• On one of those four visits, there was no response from the family, but "issues arose that warranted further enquiry, but necessary actions were not taken" during the other three visits

Overall, the report stated that while Finley's parents were responsible for his death, "professional interventions should have protected him".

Steve Atkinson, the DDSCP's independent chairman and scrutineer, said: "The report acknowledges there were significant mitigating circumstances in the period leading up to Finley's death - the Covid lockdowns, the very restricted access, unfamiliar working circumstances and remote meetings and parental dishonesty and disengaging.

"However, these are not excuses. More could, and should, have been done to help keep Finley safe.

"In accepting the recommendations of the review in full, partners are committed to taking all action necessary to reduce the risk of something similar happening again."

Police described the conditions Finley was living in as "filthy"

Derbyshire County Council's children's services accepted there had been "missed opportunities" in Finley's case.

Carol Cammiss, executive director for children's services, said: "Finley's death was a tragedy for everyone who knew him and everyone involved in his care.

"Despite the significant Covid restrictions placed on our work at the time, we know there were missed opportunities for stronger practice and we apologise for that.

"We did not wait for the outcome of this review - we took immediate action to review and strengthen our systems and continue to monitor the way we work with babies and families."

Cafcass - the independent Children and Families Court Advisory Service - employed Finley's guardian for the family court proceedings, and was involved in the decision to return him to his parents.

It said it was "profoundly sorry that together we were unable to prevent" Finley's death and blamed his parents' deception.

A spokesperson said: "When it was decided in October 2020 that Finley should live with and be in the care of his parents, everyone involved - including his guardian - believed his parents had made and sustained the changes necessary to care for him safely.

"What led to his death was the ability of Finley's parents to deceive everyone involved, about their love for him and their desire to care for him.

"No-one could have predicted from what was known at the time that they were capable of such cruelty or that there was a risk that they would intentionally hurt him, let along murder him."

Stephen Boden and Shannon Marsden were sentenced at Derby Crown Court in May 2023

The murder trial, held at Derby Crown Court, previously heard Boden and Marsden cancelled a health visitor appointment two days before Finley died, and refused to let social services in during an unannounced visit, saying that he may have Covid-19.

The court was told Finley suffered injuries - including 57 breaks to his bones - at the hands of his parents.

Finley also suffered 71 bruises and two burns on his left hand - one "from a hot, flat surface", the other probably from "a cigarette lighter flame".

If you have been affected by any of these issues, you can visit the BBC Action Line.

Paramedics were called to the couple's home in Holland Road, Old Whittington, in the early hours of Christmas Day after Finley suffered a cardiac arrest.

He was taken to hospital and was later pronounced dead.

A judge said the murder was "savage and prolonged" with a "sadistic motivation".

Boden and Marsden were ordered to serve a minimum of 29 and 27 years respectively.

Analysis

By Phil Mackie, BBC News Midlands correspondent

Today's report makes depressing reading for two reasons.

First, many of the failings it identifies have been highlighted many times in other safeguarding reviews in relation to different children.

It also shows how the warnings that were made at the time that vulnerable children would be placed at greater risk during lockdowns, tragically came true.

Parents who were abusing children were able to "disappear" from view and evade scrutiny, because restrictions meant face-to-face contact with the authorities rarely happened.

In Finley's case, it meant when the family court decided to return him to his parents, all the information that should have been available, wasn't.