Revealed: Boy, 5, who drowned when he was left to 'fend for himself' at a water park was placed on a child protection register a YEAR before he died as his stepfather is jailed for seven years

  • Paul Smith, 36, pleaded guilty to manslaughter after Charlie Dunn's death
  • He also admitted threatening the kill a witness who helped convict him of crime
  • Emerged Charlie was placed on a child protection register year before death
  • Charlie was found in a 4.5ft-deep lagoon at Bosworth Water Park last year 
  • Five-year-old couldn't swim but was still allowed to play in pools unsupervised
  • Children pulled him as Smith smoked and said: 'I don't know where he f****** is'
  • Charlie's mother Lynsey Dunn admitted child cruelty and is standing by Smith
  • Smith was jailed for seven-and-a-half years - Dunn handed suspended sentence
  • Serious Case Review because child known to social services since 14 months old

Charlie Dunn (pictured) was dragged from a lagoon by other children in July 2016

Charlie Dunn (pictured) was dragged from a lagoon by other children in July 2016

A five-year-old boy who drowned after being allowed to 'fend for himself' at a water park was placed on a child protection register a year before his death, a court heard.

Birmingham Crown Court was told Charlie Dunn was dragged from a lagoon by other children minutes after his stepfather, Paul Smith, was seen swearing and blaming others for his disappearance in July 2016.

Smith was jailed for seven and a half years on Wednesday after admitting Charlie's manslaughter on the grounds of gross negligence, witness intimidation and driving while disqualified.

It emerged in court that Smith, of Tamworth, Staffordshire, was a 'person of interest' for the authorities after amassing ten previous convictions covering 28 offences, including burglary and theft.

The 'arrogant and self-centred' stepfather of a five-year-old who drowned at a water park while he smoked cigarettes was jailed for seven-and-a-half years today. 

Charlie's mother Lyndsey Dunn (pictured), 28, was given an eight-month suspended jail term after admitting neglecting Charlie in a separate incident in 2015

Charlie's mother Lyndsey Dunn (pictured), 28, was given an eight-month suspended jail term after admitting neglecting Charlie in a separate incident in 2015

Paul Smith (right) pleaded guilty at Birmingham Crown Court to the manslaughter of Charlie Dunn and was jailed for seven years today.  Dunn, 28, (left) admitted two counts of child cruelty

Paul Smith (right) pleaded guilty at Birmingham Crown Court to the manslaughter of Charlie Dunn and was jailed for seven years today. Dunn, 28, (left) admitted two counts of child cruelty

Charlie, who couldn't swim and was 'terrified of water', was found at the bottom of the Blue Lagoon pond at Bosworth Water Park in Leicestershire in July last year by children looking for some goggles.

Smith was seen smoking nearby and heard exclaiming: 'For f***'s sake, we're ready to go. I don't know where he f****** is' and it later emerged Charlie had been under the water unnoticed for 22 minutes.

He intimidated witness Rachel Freeman who saw his feckless behaviour and told her he would 'petrol bomb' her house, 'rip her head off' and kill her daughter and disabled husband.

Smith, who has 10 previous convictions for 28 crimes, was sentenced to seven-and-a-half years in prison for gross negligence manslaughter, the threats to Ms Freeman and a driving offence.

The court was told Dunn (pictured in July) was of 'limited intellect'

The court was told Dunn (pictured in July) was of 'limited intellect'

Jailing him Mrs Justice Jefford rejected Smith's claims that he had been an 'impeccable' stepfather and said: 'Nothing could be further from the truth. You were completely indifferent to Charlie's whereabouts and safety'.

Passing sentence, she said: 'I do not doubt that Lynsey Dunn and Paul Smith had genuine love and affection for Charlie.'

Rejecting Smith's assertions that he had been an 'impeccable' stepfather, the judge told him: 'Nothing could be further from the truth.

'One father (in the lake at the park) had to explain to another that Charlie was not his son. You were completely indifferent to Charlie's whereabouts and safety.

'This was not a case in which there was an isolated and momentary lapse in care and supervision.'

Charlie's mother Lyndsey, 28, who was described as having a 'limited intellect', was given an eight-month suspended sentence for child cruelty and is standing by her partner.  

The boy was pulled from the water by other children who felt his lifeless body beneath their feet in July 2016. He had been submerged for 22 minutes.

Social services are known to have become involved with Charlie, whose death is being examined by a serious case review, when he was 14 months old.

Charlie was found underwater in a lagoon by swimmers at Bosworth Water Park in Leicestershire in July last year
Charlie couldn't swim but was left unsupervised for two hours

Charlie was found underwater in a lagoon by swimmers at Bosworth Water Park in Leicestershire in July last year. He couldn't swim but was left unsupervised for two hours and was submerged in the water for 22 minutes

The court heard Staffordshire County Council had noted 'poor home conditions, a lack of food and poor hygiene' before putting in place a child protection plan.

Smith 'had a status of being a risk to children', the court heard, but it wasn't made clear why.

His mother Lyndsey, 28, pictured today, admitted two counts of child cruelty and was given a suspended sentenc

His mother Lyndsey, 28, pictured today, admitted two counts of child cruelty and was given a suspended sentence

But there was no evidence of Charlie having come to harm when the plan was put in place, prosecutor Mary Prior QC said.

Speaking about the instance of witness intimidation, she said: 'On June 19, he went to Ms Freeman's home.

'He threatened to petrol bomb their house and torch their car.

'He told her that was going to rip her head off.

'She was happy in her home but was so traumatised that she had to move home.

'They had to go into a caravan to get away.

'This family have done nothing to deserve this trauma in their life.

'As a result of what Mr Smith did, his bail was taken away.' 

The court heard how, during a 999 call made by Ms Freeman, Smith could be heard in the background saying 'f*** her I ain't bothered', as he drove off with Dunn.

The incident led to Smith being in custody, and during his incarceration he would repeatedly communicate with his partner by phone.

Discussions over who would give evidence in their trial was a 'regular feature' of their conversations, and at one stage Smith, in reference to Ms Freeman, said: 'That's the first throat I'm going for.' 

Dunn and Smith, pictured together at a previous hearing, are believed to be still together

Dunn and Smith, pictured together at a previous hearing, are believed to be still together

Mrs Justice Jefford sentenced Smith to five years and two months for Charlie's manslaughter with a consecutive two-year term for threatening to petrol-bomb the home of a witness and a further four months for driving while disqualified. 

Dunn, 28, was given an eight-month suspended jail term after admitting neglecting Charlie in a separate incident in 2015.

The then four-year-old was seen by a neighbour pedalling a toy car towards a busy main road, and was only saved from riding into the traffic by the woman, who ran after him.

Charlie was four-year-old was seen by a neighbour pedalling a toy car towards a busy main road, and was only saved from riding into the traffic by the woman, who ran after him

Charlie was four-year-old was seen by a neighbour pedalling a toy car towards a busy main road, and was only saved from riding into the traffic by the woman, who ran after him

The judge added that the second count related to an incident the jury 'hadn't heard anything about'.

The Crown Prosecution Service (CPS) dropped the manslaughter proceedings against the mother. 

Passing sentence the judge said: 'One father (in the lake at the park) had to explain to another that Charlie was not his son.

'This was not a case in which there was an isolated and momentary lapse in care and supervision.'

The judge said of the children aged 10, 11 and 12 who found Charlie and pulled him from the water at least 20 minutes after he was last seen: 'This must have been a horrific experience for them and I take this opportunity to praise the care that these young boys showed for Charlie.' 

During her sentencing remarks, the High Court judge said Smith appeared to have 'simply given no thought' to Charlie's safety. 

Charlie, who could not swim and was said to be 'terrified' of water, was pronounced dead in hospital after being found in the 4.5ft (1.4m) deep children's pool at Bosworth Water Park in Leicestershire in July 2016.  

The jury heard  how Smith had been heard saying 'For f***'s sake, we're ready to go. I don't know where he f****** is' as he smoked a cigarette, just moments before Charlie's body was discovered. 

Addressing the judge before sentence, Mrs Prior told the court Dunn was of 'limited intellect' and had no previous convictions.

The prosecutor said of Smith: 'He took the view that Charlie, aged five, could fend for himself in among 1,000 people, in the water.

The Blue Lagoon lake where Charlie was found dead by boys looking for swimming goggles under the water

The Blue Lagoon lake where Charlie was found dead by boys looking for swimming goggles under the water

'When he was discovered missing, his starting point was to shout and to swear and to blame anyone and everyone but himself.

'This arrogant and self-centred man ignored warnings and Charlie paid the ultimate price for that arrogance.'

Charlie was flagged to social services about his 'poor home' when he was 14 months old

Social services are known to have become involved with Charlie, whose death is being examined by a serious case review, when he was 14 months old.

The court heard Staffordshire County Council had noted 'poor home conditions, a lack of food and poor hygiene' before putting in place a child protection plan.

Smith 'had a status of being a risk to children', the court heard, but it wasn't made clear why. 

Staffordshire councillor Mark Sutton, cabinet member for children and young people, said in a statement: 'This was an incredibly sad case and our sympathies are with Charlie's wider family today.

'A serious case review is currently being conducted to examine what lessons may be learned by partners to help prevent such a tragic event happening again.'

Prior to sentence, it emerged that Charlie was made the subject of a social services child protection plan in November 2012.

Smith was 'a person of interest' for the authorities because of the nature of his first offence.

Mary Prior QC said: 'At the time he died neither of his parents knew where he was. This is not a case where Charlie had run off. Charlie had been permitted to go off by himself.

'The prosecution say that Charlie died because he was not supervised by an adult.

'He was left alone in a busy park at five years old in circumstances where there was a clear and obvious risk that he might come to very serious harm leading to his death.'

The jury was told that on the day of his death, Charlie strangers had ended up supervising him, with some witnesses mistaking one man for his father.

Detective Inspector Nikki McLatchie, the deputy senior investigating officer for Leicestershire Police, said outside court: 'There were up to 1,000 people at the park that day.

'People who we knew would be able to provide us with the vital information to help our investigation into what happened to Charlie.

'Witness testimony showed that Charlie was left alone on numerous occasions, despite him not being able to swim.

'Smith was looking after Charlie at the park, and his failure as a parent came with the most tragic consequences and ultimately led to his death.

'This has been an incredibly difficult and complex case to investigate, and has involved many different forms of enquiry over the last 17 months.

'There were hundreds of people at the park that day, many of whom came to Charlie's aid, and who were understandably shaken by what happened.

'I would like to thank all those who came forward to help with our investigation, and while it won't bring Charlie back, hopefully the guilty plea will bring some comfort to all those who knew him.'

An NSPCC spokesman added: 'Smith abandoned his responsibility to keep Charlie safe from harm, with devastating consequences.

'Parents and carers must be aware of the dangers of leaving children unsupervised, particularly in situations like this. It is down to them to assess each scenario and ensure their child is safe.' 

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Stepfather of boy who drowned in Leicestershire is jailed

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