Parents of a two-year-old who died at nursery said he "deserves so much better than this" after being told his death was due to an "honest mistake" during a busy lunchtime.
Emergency services were called at around 12.35pm on January 14 after Jude Gerrard suffered a fatal medical episodeat Early Learners Day Nursery on Hawthorne Road in Bootle, Liverpool, and he was taken to hospital where he sadly died. No further action is set to be taken by police over the youngster's death after an investigation.
Jude's mum Rebekah said in a joint Instagram post with his dad Charlie that her son's death had been put down by police to "an honest mistake during a busy lunchtime."
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She said the little boy had been given a dairy yoghurt, to which he was allergic - and "lost his life as a result of this". And Rebekah claimed CCTV footage had been reviewed showing Jude had been given yoghurt, while there had been a "multitude of incidents and conversations" about her son's allergies.
Merseyside Police said they carried out an extensive investigation to establish the full circumstances and cause of Jude’s death, with a number of witnesses spoken to, CCTV footage assessed and all options explored regarding potential criminal offences, reported the Liverpool Echo.
In an update on October 7, police said that looking at the evidence and after advice from the Crown Prosecution Service, no further action would be taken. The force said the decision had been communicated to Jude's family, and the matter had now been referred to the environmental health department at Sefton Council.
In her post, Rebekah said the family had suffered "unfathomable trauma" and they had been told to "stay quiet" while legal proceedings were ongoing. "They told us if we said anything publicly it may jeopardise the investigation and any future court cases," she said. "We have now been told suddenly that the case has been dropped. They can't press criminal charges anymore."
Rebekah added: "We want to tell you what our baby boy Jude's death has been stated as being, and I quote 'an honest mistake during a busy lunch time'. This statement has haunted us every day along with the mountain of unfathomable trauma that has followed."
She said: "There is so much more we want to explain, and we will be doing so in great detail at some point, this just feels like the tip of the iceberg."
Rebekah added: "We do not want to be silent anymore. Whatever we say is our truth and our experience and we have nothing to lose now anyway. That nursery failed him. Now the police have failed him. But we do not want to fail him by staying quiet for any longer. Jude deserves so much better than this."
In a touching tribute to the little boy released through police after his death, Jude's parents said they were "absolutely heartbroken" after the unexpected loss of their "sweet baby boy," saying his death was "so preventable."
As they shared pictures of their son, they said: "This is our sweet baby boy, Jude Gerrard. We are absolutely heartbroken and devastated beyond words by this shocking and unexpected loss of the love of our lives.
"I know all parents think this about their own children, but Jude truly was so incredibly special. Everybody who ever met him couldn’t help but instantly love him, and he had so much love for everyone too, even if he’d pretend to web you like Spider-Man or wrestle you like Hulk Hogan."
Following the tragedy, Ofsted suspended the nursery for six weeks while an investigation was ongoing. On the Ofsted website it now says the nursery on Hawthorne Road is closed.
Sefton Council said it had nothing to add at this stage and The Mirror has attempted to contact Early Learners Day Nursery for a statement.
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