Murdered baby let down by the system

TWO magistrates ruled that a couple who smoked large amounts of cannabis were not required to undergo drug testing when the child was returned to their care. They later went on to kill their baby.

Last month Shannon Marsden and Stephen Boden, of Old Whittington, near Chesterfield, were found guilty of the murder of their baby boy.

Despite the pair repeatedly lying to social workers about the amount of cannabis they consumed, the magistrates ordered that Ms Marsden and Mr Boden be given custody of 10-month-old Finley Boden, who was also known as Finley Marsden.

Within weeks of the decision, Finlay suffered multiple injuries at their hands and died just 39 days after Derby Family Court returned him to their care. He passed away from his injuries on Christmas Day 2020.  

It has now been revealed that the Family Court magistrates rejected a plea from social workers that,  in addition to drug testing, Mr Boden and Ms Marsden should undergo a four-month supervised transition to establish if they were capable of looking after Finlay. 

Instead, JPs Mrs Susan Burns and Mrs Kathy Gallimore ordered a two-month transition plan, saying it was a "reasonable and proportionate length of time" to protect the child's welfare.

In their ruling of Oct 1 2020, which the High Court ordered should be published, the pair of JPs stated: "The local authority asks the court to direct that further drug testing of the parents would be a prudent step in providing the court with concrete evidence of the parents' drug misuse. It is noteworthy that the parents have been dishonest about their drug use and this additional evidence would assist the court."

However, they went on to conclude "The parents and guardian oppose such testing as it is not necessary. We conclude that while such information may be beneficial, it is not necessary to ensure the proceedings are concluded appropriately."

MP for Chesterfield and Staveley, Toby Perkins, said: "It is deeply significant that this case was heard in front of magistrates. It's legitimate to question that entire process." He questioned whether "the magistrate and that process was robust enough to ensure that the child's needs were protected" and "clearly we know that they weren't."

The Johnson Partnership

Derby Crime Solicitors 

01332 370 473