https://www.dailymail.co.uk/news/article-13243833/Baby-Finley-Boden-death-review-protected-children.htmlBaby Finley Boden 'died from abuse when he should have been one of local authority's most protected children', review finds after 10-month-old was beaten to death by his drug addict parents 39 days after social services returned him to them
WARNING: Contains details of child abuse which readers may find upsetting
By Matthew Lodge
Published: 09:03, 27 March 2024 | Updated: 10:01, 27 March 2024
Baby Finley Boden died 'as the result of abuse when he should have been one of the most protected children in the local authority area', a safeguarding review into his murder has said. The 10-month-old was killed by his drug addict parents, who beat him to death during the Covid lockdown, just 39 days after social services put him back into their care. A post-mortem would find he had suffered 71 bruises, 57 fractures and 'crushed and twisted' bones at the hands of Stephen Boden and Shannon Marsden the pair were later jailed for a minimum of 29 and 27 years, respectively. The once 'smiley and chuckling' baby was subjected to 'unimaginable cruelty' by the sick pair, including a fractured thigh, broken pelvis, burn marks and bruises all over his tiny body before his death on Christmas Day in 2020. A report released today by the Derby and Derbyshire Safeguarding Children Partnership found that Finley, who lived in Chesterfield with his parents, said that 'professional interventions should have protected him'.
In October 2020 a family court ruled that Marsden and Boden did not pose an 'unmanageable risk' to their son, allowing them to subject him to 'the most horrific abuse' at their home in Old Whittington, Derbyshire. He was returned to their care on November 17 that year, despite social services raising concerns over Boden and Marsden's drug use and the state of the family home. After returning home, Finley was subjected to a campaign of abuse and was found to have 130 separate injuries at the time of his death, as well as conditions including sepsis and pneumonia. By the time of his death he was 'plainly dying' and could no longer sit up and play with his toys, feed himself or breathe properly, having been back in his parents' care for just 39 days. On Wednesday, the Derby and Derbyshire Safeguarding Children Partnership published the findings of its Local Child Safeguarding Practice Review into Finley's death. The review, which has been anonymised, said: 'In this instance, a child died as the result of abuse when he should have been one of the most protected children in the local authority area.'
The review stated that, while Finley's parents were responsible for his death, 'professional interventions should have protected him'.
It said the 'most significant professional decision' was that he should live with his parents, and concluded that 'the safeguarding environment in which that decision was made had been incrementally weakened by the decisions, actions, circumstances and events which preceded it'.
Most of what had been experienced by Finley in the final weeks of his life 'was unknown to professionals working with the family at that time', the report said.
But it added: 'The review has found, nevertheless, that safeguarding practice during that time was inadequate.'
The review made 11 recommendations in total, including that the partnership carries out 'a multi-agency audit' of recent parenting assessments to consider the quality of analysis and conclusions, involvement of partner agencies, evidence of scrutiny by managers. and, effectiveness of information-sharing and professional challenge. Other recommendations included that the local authority should provide evidence by the end of June of improved practice in distinguishing between informal family arrangements and formal placements in which the local authority has responsibility to provide support since 2020. The review also made recommendations on the safeguarding children partnership working with local public health commissioners of substance misuse services, and to ensure arrangements are in place 'to deliver an effective local response to domestic abuse'. Derbyshire County Council's children's services said it accepted there had been 'missed opportunities' in the case of Finley Boden. The council's executive director for children's services, Carol Cammiss, said: 'Finley's death was a tragedy for everyone who knew him and everyone involved in his care. We are deeply saddened by his death and our thoughts are with everyone who loved him. 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. Safeguarding children in Derbyshire is our highest priority and the council accepts the findings and recommendations of the review and takes full responsibility for its actions in this case.'
The partnership's independent chairman and scrutineer, Steve Atkinson, said: 'I offer my sincere condolences to Finley's family and apologise on behalf of the partnership for what happened. The partnership agencies took early steps to improve systems and practices, responding quickly to an immediate review of Finley's death and the circumstances in which it took place. In accepting in full the recommendations of this review commissioned by the Partnership, completely independently of Derbyshire and the organisations involved agencies will take the additional action necessary to further reduce the risk of a repeat of a similar incident. The Partnership Board continues to seek evidence that these changes are fully implemented and will undertake regular reviews to ensure that they have the necessary impact to help keep vulnerable local children safe.'
Sentencing Stephen Boden and Shannon Marsden at Derby Crown Court last year, Mrs Justice Amanda Tipples told the pair: 'Neither of you have shown any remorse for what you have done.'
Following what has been a harrowing trial, a juror pointed to the sky as the sentences were passed, while another wept and others smiled. The couple had denied murdering their son but were convicted in April 2023 after a trial at Derby Crown Court. The pair showed no emotion and remained silent during sentencing, while family members wept in the public gallery as Mrs Justice Tipples detailed the horrific abuse they inflicted on Finley. During the trial prosecutor Mary Prior KC said the couple subjected Finley to a 'savage and prolonged' murder that had a 'sadistic motivation'. He endured 'vicious and repeated assaults' over three weeks at the same time both Boden and Marsden were smoking a lot of cannabis, both in their back garden and bedroom of their home. Cannabis was even found in Finley's blood at the time he died. A neighbour heard Finley cry once in the early hours of Christmas eve. To avoid arousing the suspicion of neighbours, the pair worked together to hurt Finley, with one holding a hand over his mouth while the other abused the youngster. Boden and Marsden also hid their abuse from social workers and family members. The couple would be out of the house for hours at a time, making it difficult for social workers to drop by unexpectedly. They even plotted to hide their tracks by pretending Finley had coronavirus, ordering him a test and playing on wider health concerns at the time to stop social workers from entering their home. 'It was an excuse that worked, because you are both persuasive and accomplished liars,' Mrs Justice Tipples told the pair of callous killers.
She said: 'You both knew that Finley was very seriously ill and dying yet you deliberately failed to seek any medical help for him and you made sure that he was not seen by anyone that could have rescued him and taken him away from your care. He was subject to repeated abuse on multiple occasions. Once the injuries had been inflicted, Finley's daily experience was one of considerable pain, distress and suffering. It was obvious to both of you by December 16 that Finley was very seriously injured, and he was utterly miserable. He was no longer able to sit up and play with his toys. He was unable to feed himself.'
She added: 'By the evening of December 23 he was plainly dying. There was nothing subtle about this at all. It was plainly obvious to both of you.'
The trial heard of chilling text messages sent from the parents' joint mobile phone, including just two days before his murder which said: 'Little one f****** kept me up all night. I want to bounce him off the walls. Haha.'
The day before his murder, CCTV footage shows Finley being pushed in a buggy around Chesterfield market 'as though nothing was wrong'. The haunting images show a seemingly happy family on a festive outing. However, in reality Finley was in horrific pain and lay there dying. Hours later, Finley collapsed after suffering a cardiac arrest. Paramedics were called at 2.27am on Christmas Day 2020. His parents who had described Finley as as their 'cuddly, chunky munchkin' to care workers delayed calling the ambulance. Mrs Justice Tipples said 'they both knew he was dead when they dialled 999 on Christmas Day.'
He died of septicaemia, endocarditis and pneumonia. The paramedic who arrived saw that Finley was 'unkempt and dirty' with 'obvious marks and wounds' around his mouth and noise. He was rushed to hospital with Marsden but nothing could be done and he was pronounced dead at 3.45am. Doctors noticed the marks and bruises on his body, but were told 'various lies' by Marsden. Medical experts would find a catalogue of horrific injuries, including 46 rib fractures, 12 other bone fractures including his pelvis, both legs and both collar bones. Overall, he had more than 150 injuries. His broken pelvis is thought to be caused by sustained 'kicking or stamping' and well as burns on his hand, one from a 'hot, flat surface' and another from 'a cigarette flame'. The inside of his mouth was 'torn', caused by a dummy or bottle being excessively forced into his mouth. He also had a 'spiral' break to the thigh, while a shin bone break was 'consistent with being held by the ankle and gripped and twisted'. The injuries inflicted on him were so severe they were likened to a multi-storey fall. All his injuries are believed to have been sustained between December 4 and 22, causing him severe pain and suffering. By December 19, Finley was 'really, really ill' and wanted to sleep all day. As pneumonia set into his lungs 'you could hear his chest all day rattling and wheezing,' said Mrs Justice Tipples.
Two days later, Boden cancelled an appointment with a health visitor by saying he suspected Finley had Covid and needed to get a test. During this time, the pair continued to pick up drugs from their dealer. By Christmas Day 2020, he was unable to eat and lay dying. The multiple fractures meant he could not breathe properly and he contracted pneumonia in his lungs, developing into a number of infections including sepsis and endocarditis which killed him. When police searched the property they found Finley's clothes and bedding stained with saliva, vomit, blood and faeces, along with drug paraphernalia. Boden later claimed to a relative the family dog may have 'jumped on' Finley, causing multiple broken ribs, while allegedly blaming marks on Finley's mouth on his son hitting himself 'with a rattle'. Following his death, Boden was heard mentioning how he would sell Finley's pram on eBay and the pair were later seen laughing together in a taxi. It was also suggested that Finley's injuries could have been caused by rocking him too hard, and said that the pram comment was made in an attempt to 'lighten the mood'. When visiting Finley's body in a hospital chapel of rest, Marsden allegedly said: 'His dad's battered him to death. I didn't protect him.'
After Boden and Marsden were convicted, one detective inspector said Finley's injuries were 'amongst the worst I've seen in my 27-year policing career'.
In victim impact statements from the defendants' relatives, read by the prosecutor, they said: 'He had all of his life ahead of him. 'When Finley died, part of us died as well. Our lives were ripped apart and will never be the same again.'
The family added that the death of Finley had had a 'profoundly negative' impact on them, adding 'it will always haunt us'. 'Finley will always be remembered and will always be loved,' they said.
Mrs Prior said the defendants had 'no ability' to 'provide any account as to what they did to Finley or why they did it', meaning their families would never know the reason behind Finley's murder. Another relative said that Finley had suffered 'the most horrific abuse' and labelled his parents as 'monsters'. They said: 'I thought they had both changed. I was obviously wrong and they only showed us what they wanted us to see. They acted together to inflict all his injuries and then hide him away and allow him to die in such an awful way.'
They added: 'Neither of you have shown any remorse. We as a family have grieved, but you haven't needed to, as you are both responsible for his death. We will never forget, or forgive, you both, and we will never forget Finley. While we will never forget Finley, I promise, we will forget you both. I can only describe you both as monsters for what you have done.'
Timeline of Finley's short life and contact with social services
September 20, 2019: Marsden informs social care she is 20 weeks pregnant with Finley
October 2019: Social care begin court proceedings in relation to the unborn child
January 16, 2020: Social worker visits the couple's address, finding holes in a bedroom door
January 21, 2020: Unborn Finley is made subject of a child protection plan
February 15, 2020: Finley is born
February 18, 2020: Finley leaves hospital and is removed from the couple's care
February 25, 2020: Boden and Marsden tell social care they want Finley back
October 1, 2020: Family court directs Finley should be returned to care of his parents under an eight-week plan including unsupervised visits and overnight stays of varying durations
November 17, 2020: Finley is allowed to live permanently with his parents
November 19, 2020: New social worker visits home address
November 20, 2020: Health visitor visits the address
November 26, 2020: Health visitor tries to call Marsden but there is no answer
November 27, 2020: Social worker makes unannounced visit to the home
November 29, 2020: Boden and Marsden record video and pictures of Finley on their phone
December 23, 2020: Social worker visits the property but is unable to go inside
December 24, 2020: Finley is seen alive for the last time as he is taken out by his parents in Chesterfield
December 25, 2020: Finley is murdered
'I don't think anyone could have prepared us for it': Policeman reveals horror at Finley's injuries
Detective Inspector Steve Shaw, of Derbyshire Constabulary, said that Finley's bones were 'crushed and twisted' during the campaign of abuse. Discussing the case, DI Shaw said: 'The appearance of Finley [at the time of his death] was generally showing signs that he had been neglected. Officers went to the house on Holland Road where they lived and they found squalid living conditions, filthy bedding, filthy clothing, rotting food in the kitchen, no environment to bring a child up in, and there were signs of cannabis abuse scattered around the house. But I don't think that prepared us for the level of injury that we discovered when the post-mortem took place. The majority of Finley's bones were fractured in some way and as the investigation progressed, the evidence from some of the experts around the levels of force that had to be used Finley's bones had to be crushed and twisted with quite some force eliminated any accidental cause of these injuries.'
Finley suffered 57 fractures to his bones including 45 rib fractures several burns and 71 bruises in the weeks prior to his death, on Christmas Day 2020. The injuries inflicted included a broken shoulder, broken arm, broken shinbone, a thigh bone broken in four places, and a pelvis broken in two places. He had also developed pneumonia, endocarditis inflammation of the lining of the heart and sepsis.
