A TWO-YEAR-OLD girl died in a garden pond because of neglect by a nursery, an inquest jury decided yesterday.

Abigail Rae left the Ready Teddy Go nursery in Lower Brailes, Warwickshire, through a gate that staff believed was bolted, on November 28, 2002. She was found an hour later in the algae-covered pond and pulled out by her mother, Victoria, who had joined the search with her husband, Justin.

After the jury returned a verdict of accidental death resulting from neglect, Rebecca Hearsey, the solicitor for Mr and Mrs Rae, said: “I think what we have seen is a failure of systems throughout the nursery with practices and procedures. Mr and Mrs Rae are very pleased with the verdict. They have spent three years waiting for the inquest to take place. It now gives them the opportunity to understand what happened.”

She said that Abby’s parents were going ahead with a civil action against Ready Teddy Go.

After the verdict, Michael Coker, the coroner, told Mr and Mrs Rae: “I find it very difficult to offer you some consolation relating to the death of your little daughter. I doubt if there is anybody who does not have the deepest sympathy for you.”

Speaking outside the court in Stratford-upon-Avon, Mrs Rae, 36, said: “We need to have some time to think about the evidence that we have heard. This is nothing in comparison to what went on that day. This is about Abby, our little girl.”

During the three-day inquest, the jury was told that Abby, who suffered from epilepsy, had started at the nursery days before on November 19. On the day she died a supervisor, Celia Diston, had taken the register, but when Abby’s name had been called out there was no reply. Staff had set out to search the village. When there was no sign of her, the police were called.

Clive Peachy, a bricklayer, had said that he passed a toddler but did not stop, fearing people might think that he was trying to abduct her. Mr Coker said in his summing-up: “This is perhaps a sad reflection on our society but you may well understand the circumstances.”

Mrs Rae and her husband had been walking in the village when they met Sharon Hibberd, one of the staff looking for Abby. Ms Hibberd told them she was looking for a dog and carried on her search. However, two nursery workers had then told the couple that their daughter was missing.

Staff had gone into the garden next door but had not seen anything as the pond was covered with vegetation. The garden’s owner had then spotted what she thought was a boot and shouted for help.

Mrs Rae said that she ran into the garden, jumped in the pond and saw one of Abby’s shoe’s. She grabbed the shoe and realised she was dragging her daughter from the pond.

The girl was treated at the scene and taken to Birmingham Children’s Hospital, where she was pronounced dead.

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