Within the statement, Zoe and Lewis Steeper state, ‘On the 9 December 2022 we received the news that CPS has reached a decision on the criminal case and investigation into the death of our beloved son Oliver Keith Steeper, who died following [sic] choking on food whilst in the trusted care of Jelly Beans Day Nursery in Ashford, Kent in September 2021.
‘While the initial investigation concluded that the nursery’s policies and procedures were ‘of poor quality and inconsistent’ no accountability for our son’s tragic and avoidable death will prevail at this moment in time.’
The couple who are appealing the decision of the CPS, go on to reveal more details of what happened to their son while at nursery.
They explain that medical consultants found a ‘substantial amount of food, inappropriate for Oliver’s age (nine months)’, which was not pureed’, when they carried out two bronchoscopies on their son. This is despite the nursery being informed that Oliver was only just starting on pureed foods.
Zoe and Lewis Steeper go on to say, ‘We have serious concerns as to whether or not management chose to ignore ratio guidelines, on a day of high staff sickness, therefore operating without ratio and paediatric first aid forefront. This will be forever engraved into our hearts as a constant pain.’
Within the statement, they also say they were told Ofsted did not investigate Oliver’s death, leaving them ‘disappointed and in disbelief.’
They state, ‘We are disappointed and still in disbelief that Ofsted did not investigate Oliver’s death when the nursery handed back their registration to Ofsted two days before they were due to be inspected following being closed permanently due to concerns of serious safeguarding following the incident involving Oliver.
‘Ofsted did not visit the setting as the company was no longer a registered provider. We are dismayed that despite being a registered provider at the time of the incident nothing was done even to look forward and prevent future incidents.’
An Ofsted spokesperson said, 'We are deeply saddened by Oliver’s tragic death and our thoughts are with his family.
'Where a provider is open and operational, Ofsted inspects and regulates to ensure that children and young people are receiving the right standard of care. When a provider resigns its registration, it is no longer operational and Ofsted no longer has a regulatory role over the setting. Given legal proceedings are still taking place, we are unable to comment further.'