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Report on Brandon death due out Brandon death 'not predictable'
(about 12 hours later)
An independent report into the death of Dundee toddler Brandon Muir is set to be released. The violent attack which caused the death of Dundee toddler Brandon Muir could not have been predicted, an independent review has concluded.
Drug addict Robert Cunningham, who was Brandon's mother's boyfriend, is serving a 10-year sentence for killing the boy in March last year. Brandon died after being assaulted by his mother's boyfriend in March 2008.
The death of the 23-month-old led to criticism of the child protection system in the city. Social workers had been involved in the 23-month-old's life, and an urgent case conference had been scheduled to take place two days after his death.
A review of the case, which was carried out by former Fife chief constable Peter Wilson, was then ordered. However, the review ruled there had not been enough time for the authorities to prevent Robert Cunningham's attack.
The investigation was commissioned by the Dundee Children and Young Persons Protection Committee, which includes the city council, Tayside Police and NHS Tayside. Cunningham was originally charged with Brandon's murder but was found guilty of the lesser charge of culpable homicide.
Culpable homicide He was jailed for 10 years, but is appealing against the length of his sentence.
A second report by James Hawthorn, an independent social work consultant, is also being released. Robert Cunningham is serving a 10-year sentence for killing Brandon
Child protection services in Dundee have already been severely criticised by government inspectors, who did not examine the Brandon Muir case. Brandon's mother, Heather Boyd, was also charged with culpable homicide by failing to get her son medical help, but she was cleared in court.
Brandon died in Ninewells Hospital on 16 March 2008 after he was hit so hard that his intestines ruptured. He also had more than 40 injuries. Reviews of the case were carried out by former Fife Chief Constable Peter Wilson and social work consultant Jimmy Hawthorn.
Cunningham was found guilty of the boy's culpable homicide but is appealing his conviction. Their findings have been released in a joint report, which states: "Brandon's death, which was caused by Cunningham, could not have been predicted by the Dundee authorities."
Brandon's mother Heather Boyd was also charged with culpable homicide, but she was cleared in court. The report said that Brandon, Boyd and Cunningham began living together in Balunie Crescent on 26 February last year, less than a month before the boy's death.
Ms Boyd was also a heroin addict and had been working as a prostitute the night before Brandon died. Brandon's grandparents immediately raised concerns with social workers about Ms Boyd's parenting skills and her relationship with Cunningham, who they had seen have violent arguments with his previous partner.
It emerged during the trial that Brandon's situation had previously been brought to the attention of social workers. Heather Boyd was found not guilty of killing her son
Child protection staff, who had a previous involvement with the family, began to gather information and scheduled the case conference for 18 March.
On 15 March, Brandon became unwell after being left in the care of Cunningham.
His mother noticed that he looked pale and tired, but as her son lay dying Ms Boyd went out to work as a prostitute so she could buy heroin.
She and Cunningham then smoked the drugs.
Ms Boyd later noticed that Brandon has stopped breathing and called emergency services.
He was pronounced dead at Ninewells Hospital on 16 March.
It later emerged in court that he had been hit so hard that his intestines burst. He also had about 40 other injuries, including evidence of cracked ribs.
'Tragic case'
Mr Hawthorn said: "From my examination of all the relevant records in this tragic case, and through interviews of almost 50 members of staff, I have concluded that, while the assault which we now know took place on Brandon and which proved to be fatal could not have been anticipated, there were weaknesses in both interagency working and in practice at that time."
Mr Hawthorn said there "needs to be a higher profile given to the impact on children of domestic abuse and substance misuse".
The sharing of information on drug addict Cunningham was "hindered by time and resource pressures on health visitors, social workers and police", he said.
But he added the commitment of staff was "evident throughout".
Mr Wilson said the recommendations on the significant case review would lead to a "necessary tightening up of procedures", which he would monitor.