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  1. Updates on Wednesday 7 September 2016

Live Reporting

All times stated are UK

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Our live coverage across the day

Our updates have finished for the day. We'll be back from 08:00 tomorrow with news, travel reports and a regular weather forecast.

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Cumbria Police responds to criticism over baby death case

Cumbria Police has now responded after a family court judge said a father did cause the injuries which killed his son.

Craig Beattie was alleged to have lost his temper and shaken or hit Kye Kerr, while the child's mother was asleep upstairs.

The 33-year-old, who was living in Harraby, Carlisle, was arrested two years after the baby's death in July 2011 and charged in March 2015.

He was found not guilty by a jury at Liverpool Crown Court in November last year.

Today it was revealed a family court judge said Mr Beattie did inflict the fatal injuries.

Assistant Chief Constable Darren Martland said: “I acknowledge the criticisms made by Mr Justice Peter Jackson in the 2014 and 2016 Family Court judgements that relate to the death of Kye Kerr.

“Kye died tragically at the age of six-weeks old on the 11th July 2011 at the Cumberland Infirmary in Carlisle.

“At the conclusion of the criminal investigation, which was complex and prolonged, a man was charged with manslaughter and subsequently acquitted at the conclusion of a trial that took place at Liverpool Crown Court in November 2015.

“Following receipt of criticism by Mr Justice Peter Jackson in 2014, Cumbria Constabulary referred the matter to the Independent Police Complaints Commission (IPCC). 

"The IPCC is conducting an independent investigation and, as such, it would be inappropriate for me to comment further."

Harker Grange Nursing Home ordered to close

A nursing home that hired some staff with a criminal history and was rated inadequate by the Care Quality Commission is to close.

Harker Grange Nursing Home in Carlisle has been issued with a closure notice after required improvements ordered by the CQC were not met.

Cumbria County Council and NHS Cumbria Clinical Commissioning Group are to find alternative plans for residents.Some staff had a criminal history and inadequate references, the CQC said.

The CQC report, published in July, also said infection control and prevention were poorly managed and that some areas of the building were unsafe. The home has until 27 September to appeal against the closure order.

Harker Grange Nursing Home

Special status given to try and protect flooded Appleby care home

Eden council is trying to save a care home from closure by giving it special status.

The Edenside home in Appleby was flooded in December, and the residents were moved to alternative accommodation. 

Since then the county council, which runs the home, has raised concerns that it may flood again.

Edenside care home

Last night Eden council supported an application by Appleby Town Council to declare the home an Asset of Community Value. 

 This gives the home protection for six months, allowing the community to try to raise enough money to buy it. But the final decision will still rest with the county council.

Police watchdog probing Cumbria officers over handling of baby's death

The police watchdog is investigating Cumbria Police over the way it handled the inquiry into the death of Kye Kerr in 2011.

A statement from them today says: "The initial IPCC investigation examined the quality, effectiveness and overall management of the criminal inquiry between 13 July 2011 and 15 July 2014. 

"This is now complete, the investigator's report has been provided to Cumbria Constabulary and we await its response."

It continues:

"During the course of the investigation, IPCC investigators identified additional issues around the management of the criminal inquiry in the period immediately following the baby's death between 11 July 2011 and 13 July 2011. 

"We have informed Cumbria Constabulary of these issues and they are considering the position in accordance with the provisions of the Police Reform Act.

"Findings will be published after all parts of the investigation are complete and any disciplinary proceedings have been concluded."

Council and police criticised over handling of baby's death

Megan Paterson

Reporter, BBC Look North

The judge was critical of the handling of the case by both Cumbria Police and Cumbria County Council, concerns were raised about poor communication between the organisations. 

It's claimed children's services were slow to become involved and had only a patchy understanding of the family history. 

Criticism too of the conduct of Cumbria Police and the initial failure to share evidence with the court.  

In response, Cumbria County Council said: "We have acknowledged to the court that mistakes were made and that appropriate opportunities to issue care proceedings were not acted upon.

"Since these events, procedures have been clarified. It is acknowledged that the performance of Children's Services has not been good enough in recent years. However, that is now changing."

Cumbria Police is yet to comment.

Kye Kerr death: 'The father was responsible for both occasions of injury'

Megan Paterson

Reporter, BBC Look North

Reports from a family court hearing show that the judge involved believed that the injuries sustained by Kye were caused by his dad and they were the reason he died. 

This hearing happened in private, and the details of it were not disclosed to the jury in the criminal trial in case this had an impact on their verdict.  

In the family court  judgement Mr Justice Peter Jackson said "having considered all the available information I have reached the conclusion that the father was responsible for both occasions of injury, and that the injuries on the second occasion caused death".

He also said there was "no reason to believe that the father intended harm" but "in contrast his denial of responsibility and last minute efforts to throw the blame on the mother were quite deliberate".

It's important to remember that in a family court a judge can come to a conclusion on the balance of probability which differs to the criminal court where a conviction must be proved beyond reasonable doubt. 

Baby 'suffered fractured skull and bleeding on brain'

Megan Paterson

Reporter, BBC Look North

Kye was born eight weeks early in 2011 and spent more than a month in the Cumberland Infirmary's special care baby unit.

His mum Jodie Kerr and dad Craig Beattie are described as having a "volatile" relationship.

Just over a week after Kye returned home with his family, he was found dead in his Moses basket.

It's understood he had an unexplained mark on his head, he'd suffered a fractured skull and bleeding on the brain and in his eyes.

The prosecution in the case claimed Kye's dad Craig Beattie, lost control due to tiredness and shook his baby.

But after hearing evidence in the criminal trial a jury cleared Mr Beattie of these charges.

BreakingFather who was cleared by jury 'did kill his baby son'

A six-week-old baby who died in Carlisle was killed by his father, according to a High Court Judge, despite the man being acquitted by a jury last November.

Kye Kerr died in July 2011 from injuries sustained after "non- accidental ... shaking". 

His father Craig Beattie denied manslaughter and after a two-week trial in Liverpool was found not guilty.

Now documents have emerged from a Family Court hearing, where a judge states that in his opinion Craig Beattie did cause his son's fatal injuries.

Craig Beattie

Rio Paralympics 2016: Cumbria athletes ready

Ahead of the opening ceremony, we take a look at the North East and Cumbria's Paralympic hopefuls at the Rio Paralympics 2016.

Josef Craig, Jade Jones and Simon Lawson are among the 264 competitors at the 15th summer games.

Rio Paralympics 2016: North East and Cumbria athletes ready

Your photos: A view from Kendal

BBC Weather Watchers

Thanks to BBC Weather Watcher 'Karen's View' from Kendal for this photograph taken today.

View from Kendal
Karen's View

Motorcyclist dies following A590 collision

A 41-year-old motorcyclist who was involved in a crash in south Cumbria on Friday has died in hospital yesterday evening, Cumbria Police says. 

The man, from the Bristol area, was flown by air ambulance to the Royal Preston Hospital with multiple injuries after colliding with a car on the A590 at Gilpin Bridge.

His family are being supported by specially-trained officers.

Grant enables expansion of wheelchair sports club

It's hoped that a grant will mean more children and adults will be able to take part in wheelchair sports.

Cumbria Wheelchair Sports Club received £9,740 from the Copeland Community Fund.

The club already has more than 200 members in Whitehaven, Penrith, Kendal and Carlisle and is planning to use the money to expand its services.

Wheelchair sports
Copeland Community Fund

Cumbria Wheelchair Sports Club will be having an open day on Thursday 22 September at Whitehaven Sports Centre from 15.30- 16.30.

Warning from trading standards about fish sellers

Cumbria Trading Standards has reports of fish sellers in Great Broughton and is warning people not to engage with them.

View more on twitter

Your photos: Our stunning county

BBC Weather Watchers

Thanks to BBC Weather Watcher 'retiredbeep' from Braithwaite for this photograph taken today.

If you'd like to BBC Weather Watcher you can sign up here.

Photo from Braithwaite

West Cumbrian man to stand trial after denying a string of sex assault allegations

A man from west Cumbria who is accused of seven sexual assaults will go on trial later this year.

Mohammed Waris Ali faces charges involving three alleged victims on separate occasions.

The 45 year old from North Road in Egremont pleaded not guilty to the offences at Carlisle Crown Court and is expected to go on trial on 15 November.

Carlisle Racing: Going is Good, Good to Soft in places

It's the penultimate flat fixture of 2016 at Carlisle Racecourse this afternoon.

View more on twitter

Cumbrian paralympian 'surprised' to be selected

A former motocross rider who took up wheelchair racing as a hobby will be representing Cumbria at the Paralympic Games.

Simon Lawson, who lives on a farm near Maryport, will be competing in the athletics men's marathon next week. The 34-year-old says his selection for the event in Rio took him by surprise.

Simon Lawson

Your photos: A cloud blanket over Millom

BBC Weather Watchers

Thanks to BBC Weather Watcher 'Dave's View' from Millom for this photo he took this morning.

If you have any photos you'd like to share you can email them to us.

Clouds over Millom
Dave's View

Council leader to find out if he's going to get a pay rise

Bob Cooper

Political reporter, BBC Cumbria

The leader of Cumbria County Council is finding out this morning if he's going to get a pay increase.

The council's independent remuneration panel has recommended that Stewart Young's allowance should be £25,000 a year. It also says the deputy should get up to £14,000 and other cabinet members up to £10,000.

Currently Stewart Young's allowance is £23,166.

Health campaigners say majority of people living in Cumbria are overweight or obese

The majority of people living in Cumbria are overweight and inactive, according to figures from Active Cumbria.

Here's the breakdown for Cumbria of the percentage of adults who are either overweight or obese:

  • Allerdale - 68.6%
  • Barrow - 68.2%
  • Carlisle - 67.4%
  • Copeland - 71.4%
  • Eden - 66.8%
  • South Lakeland - 62.9%

The national figure is 64.6%.

Overweight person

Active Cumbria also says that 30% of adults in Cumbria do less that 30 minutes of physical activity per week and so are classed as inactive. The national figure is 28.7%.

Fells forecast: Broken cloud with a moderate wind

If you're thinking of heading out on to the fells today here's today's fells forecast:

  • Temperatures at 3,000ft: 11C (52F)
  • Winds: Moderate or fresh southerly, backing southeasterly later.
  • Cloud: Broken cloud around 1,600ft(500mm).
  • Visibility: Good, occasionally poor in hill fog.
  • Freezing level: Well above the summits.

Overspending by Cumbria Police will be discussed by officers and officials today

Bob Cooper

Political reporter, BBC Cumbria

The county's police force is expected to be over budget by more than £1m this financial year.

The information is contained in a Constabulary report, prepared for the Police and Crime Commissioner.

Reasons given for the overspend include extra overtime, changes in the workforce, and higher-than-expected injury payments.

It will be discussed at a meeting this morning.

Weather: Mostly dry and humid with some sunshine

BBC Weather

It'll be a cloudy start for many, with some patchy mist and fog in places. These will gradually lift and clear to allow bright or sunny spells to develop during the afternoon. Feeling warm and humid in the sunshine.

Highs of 22C (72F)

You can see a detailed weather forecast for where you live here.

Weather graphic

Calf Top Cumbrian hill re-categorised as a mountain

A Cumbrian hill has inched its way to mountain status.

Calf Top, near the Yorkshire Dales and Sedbergh, was measured in 2010 at 1999.9ft (609.579m), just under the Ordnance Survey's 2000ft threshold.

New methods of calculating height now show it to be 2000.02ft (609.606m).

Calf Top
Gordon Mabson/Geograph

Geodetic analyst Mark Greaves said the peak had originally appeared to be "very, very close" to being a mountain but "about three quarters of an inch too low".

It was so close, they measured it twice.

Welcome to our live coverage

Nell Dunn

BBC Cumbria

Good Morning.

We'll be bringing you updates on Cumbria's news, sport, travel and weather throughout the day until 16:00.

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