LAWYERS have begun a probe into whether failures by Mears Group, a Home Office housing contractor, caused additional suffering to a toddler left alone for days in a flat near the body of his dead mother.
Mercy Baguma, who was seeking asylum in the UK, died in her Govan flat in August with her son Adriel found malnourished in his cot days later when his frantic father, Eric Nnanna, called police.
A post mortem examination has now revealed the 34-year-old Uganda died from alcohol poisoning and ketacidosis, which causes vomiting and rapid breathing.
It also showed no history of alcohol abuse.
Leading law firm Digby Bown Solicitors, acting on behalf of Eric, alleges that failures by Mears Group played a part in Mercy's death and they have now begun an investigation into the circumstances surrounding the events of late August.
Last month Eric spoke exclusively to The Herald about his attempts to reach the mother of their 17-month-old child.
The 30-year-old insists that Mercy had been told she was being from her flat in Govan to Mears accommodation but was not informed of the new address.
Eric, from Nigeria, last saw her on the morning of Wednesday, August 18 and understood she would be in touch when she had settled in her new flat.
But when he hadn't heard from her by the Thursday, despite multiple calls and text messages, he began to worry and visited the Govan property but had no answer.
By the Saturday he was desperate for news and called Police Scotland. Officers entered the flat and found Mercy's body in the hallway while Adriel was in his cot, malnourished and distressed.
Eric, who is studying an MSc in Subsea and Pipeline Engineering at Strathclyde University on a scholarship, said: “I had no idea something was wrong and when I think of what Adriel must have endured it just breaks my heart.
“If Mears had told Mercy where she was moving to then Adriel would never have been left for as long as he was because I would have gone to the new flat to look for them.
“I miss Mercy dearly and Adriel does too as sometimes he still calls 'Momma' and I get upset when I can’t help him understand.
“I just hope this investigation helps provide answers we can at least understand why things went wrong – that way no one else will need to experience what we have.”
Kim Leslie, Partner at Digby Brown Solicitors, added: “The tragic passing of Mercy Baguma has understandably raised questions about the people, organisations and systems of work that governed her life and the life of her child, Adriel.
“Although we are at a very early stage, we are now investigating the circumstances of Mercy’s death and any failings in processes that may have contributed to this which will involve looking into the Home Office and Mears Group.
“Should there be evidence of negligence, neglect or a failure to act on the part of those who were responsible for the welfare of Adriel then we will see to it that he accesses the justice he deserves.”
It is unknown if Mears Group employees ever visited the flat or contacted Mercy on the scheduled moving day or any day after.
Campaigners argue that Mears Group and Home Office failed in their duty of care towards Mercy and Adriel.
Robina Qureshi, Director of charity Positive Action In Housing, said: “It would seem Mears Group did not take any steps to raise the alarm when Mercy was not answering the door at the pre-arranged time for rehousing.
“Mears Group also did not provide an address which resulted in Eric not having basic contact information for his partner and child.
“This resulted in a baby being left without food and water for several days after the death of his mother.
“The circumstances surrounding this tragedy is indicative of wider systemic issues where refugees and migrants are left vulnerable by the state.
“We are grateful to the press, public and fellow campaigners for their support as we work to improve this flawed system but as we do this we cannot be drawn into speculation.
“It would therefore be objectively prudent and just for the authorities to conduct a fatal accident investigation into Mercy’s death and other deaths which took place while under the duty of care of the Home Office and the UK Government.”
The legal action with Digby Brown Solicitors aims to find answers around Mercy’s death and recover damages for the suffering of Adriel.
If the case is successful all damages recovered will be placed in a trust for Adriel when he becomes an adult.
A Home Office spokeswoman said: "This is a tragic situation and our condolences go to Ms Baguma’s family.
"It would be inappropriate to comment further whilst investigations by Scottish authorities are ongoing.”
A Mears spokesman added: “We are very sorry to hear about the tragic death of Mercy Baguma and our thoughts are with her loved ones."
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