Death sparks child protection review

Caleb was shaken to death by his father

A major and immediate review of every child protection case in Edinburgh is under way after a report found a baby killed by his father had been failed at "almost every level".

The report into the death of Caleb Ness, who was 11 weeks old when he was killed by Alexander Ness in October 2001, is said to have shocked and horrified every agency involved.

Edinburgh City Council said the cases of every one of the 342 children on its child protection register was being immediately reviewed.

A review of the social work department will also take place with a warning that staff would face "appropriate action" if they were found to have failed in their jobs.

Clearly there is a wave of shock and horror in the council and other agencies as we read and consider the conclusions, in what is quite frankly a devastating report into the childcare procedures Donald Anderson Council leader

Mr Ness was sentenced to 11 years in prison for culpable homicide at the High Court in Edinburgh in March.

Edinburgh City Council commissioned the report into the death as Caleb was on the at-risk register at the time of his death.

Caleb was killed two months after being released from hospital into the care of his brain damaged father, who had previous convictions for violence and drug dealing and his drug addicted mother Shirley Malcolm.

An inquiry by Edinburgh and Lothians Child Protection Committee under the chairmanship of Susan O'Brien QC concluded that the parents should not have had care of the child.

Caleb's was an "avoidable child death", according to the report.

Diminished responsibility

The 260-page report criticised child protection arrangements for the infant and identified faults at almost every level in every agency involved.

But it said no single individual should be held responsible.

Particular criticism was directed at the city council's social work department and the agencies which are part of Lothian Health Board.

Ness had pleaded guilty to the culpable homicide of baby Caleb, claiming diminished responsibility due to a brain injury.

Alexander Ness is serving 11 years in prison

In passing sentence, trial judge Lady Cosgrove said she had taken this impairment into account, as well as the "gravity" of the injuries he inflicted on Caleb.

However, she said she believed Ness posed a risk to young children.

The court heard that Ness had previously been jailed for crimes of violence and drug dealing.

Council leader Donald Anderson said: "Clearly there is a wave of shock and horror in the council and other agencies as we read and consider the conclusions, in what is quite frankly a devastating report into the childcare procedures.

"This is about the way the service was delivered on the ground and there have been appalling failures in the way that the care of baby Caleb Ness was handled on the ground and that's what we have to put right."

I'd like to personally apologise on behalf of NHS Lothian for any failings in any of our systems and our communication which may have contributed in any way to Caleb's death Professor James Barbour NHS Lothian

The chief executive of NHS Lothian, Professor James Barbour, said key information was not being communicated.

"I'd like to say from the outset how horrified and distressed I was at what I actually read in the report and I'd like to personally apologise on behalf of NHS Lothian for any failings in any of our systems and our communication which may have contributed in any way to Caleb's death," he said.

"I'd also like to make clear on behalf of NHS Lothian that we are utterly and totally committed to ensuring that we protect vulnerable children and that no such child will be failed in the way Caleb has been failed in the future."

Deputy Minister for Young People Euan Robson described the case as shocking and unacceptable and said Caleb's death was "entirely avoidable".

Mr Robson promised that the lessons learned would form part of the Scottish Executive's plans for reform of child protection laws.

Opposition councillors described it as a "desperate day for the City of Edinburgh Council" and as "a sad day for Edinburgh where lessons have to be learned".

A copy of the report is being sent to Ms Malcolm.