Teacher Dad Believed Son Had Cold Before Fatal Collapse, Court Hears
A father accused of gross negligence manslaughter has told Birmingham Crown Court he thought his 12-year-old son was suffering from a cold or winter bug before the child collapsed and died. Damion Thomas, aged 48, and his wife Tamara Thomas, aged 45, both qualified teachers, are standing trial accused of child cruelty and gross negligence manslaughter, charges they deny.
Untreated Diabetes Led to Fatal Condition
Joshua Thomas fell severely ill at his family home in Yarningale Road, Kings Heath, on December 9, 2022. He lost consciousness and was taken to hospital, where he passed away the following morning. The court heard that Joshua suffered from untreated and undiagnosed Type 1 diabetes, which led to diabetic ketoacidosis (DKA), a potentially fatal condition.
Damion Thomas, who was himself diagnosed with Type 1 diabetes at age 40, described Joshua as his "right arm" and an "absolute blessing." The couple homeschooled their children, and Joshua was one of seven siblings, four of whom were younger than him.
Initial Symptoms Dismissed as Winter Bug
Giving evidence, Damion explained that he first noticed Joshua was unwell when the boy asked not to attend training at Sparkhill Harriers running club. "His other siblings weren't too well," Damion stated. "Okay, is he coming down with what they had? A cold or a winter bug. I said don't go to athletics. I just thought it was a cold."
The family had a policy that anyone who was ill would isolate to prevent spreading illness through the household. Damion noted that Joshua initially seemed to improve, beginning to talk and engage in banter with his siblings. "I thought okay he's over it," Damion told the court.
Concerns About Weight Loss and Hydration
Despite the apparent improvement, Damion observed that Joshua had "lost a bit of weight." He encouraged his son to drink more fluids, stating "that's what you do," but did not notice if Joshua was visiting the toilet more frequently, a common symptom of diabetes.
Damion attributed Joshua's condition to exposure during bike rides, suggesting he needed to "slow down" and rest. He maintained that Joshua "showed no symptoms" of diabetes during this period.
Critical Night Before Collapse
Damion told the court he believed Joshua experienced a relapse on the evening of December 8, 2022, possibly from returning to activity too quickly. He tried to get Joshua to drink but the boy refused. In the early hours of December 9, Damion heard Joshua "shuffling" outside his bedroom around 4am.
The family home was undergoing renovations at the time, rendering the upstairs bathroom unusable. Damion had purchased jugs from Poundland for the children to use as toilets during the night. When he checked on Joshua, he found his son "half asleep" and later discovered he had used the jug in his room.
"I was concerned but not in terms of I need to phone 999," Damion testified. "He improved, he's relapsed. Okay we're going to have to monitor this. I thought it maybe the flu."
Morning of the Collapse
Damion checked on Joshua again around 6:30am and found him still sleeping. "He needed to rest, leave him be," Damion recalled thinking. "He got up at 4am, it had only been three hours. He still needs sleep."
Damion then went to work at a site in Castle Bromwich to observe classes as part of his return to work pathway. He had been signed off from Solihull Academy for several months earlier in 2022 due to stress, describing both his home and work environments as "getting a bit too much."
Emergency Unfolds
Damion arranged for his wife Tamara to call him with updates on Joshua's condition. While teaching, he missed several calls due to classroom phone restrictions. At 12:38pm, he finally spoke with Tamara, who told him she needed to take Joshua to hospital and gave instructions for their other children.
Damion described his wife's demeanor as "composed as she could be" during this call. He immediately informed his line manager and began the 45-minute drive home. During the journey, he received another call from Tamara that he described as more urgent.
"Whatever happened it escalated," Damion stated. "It wasn't as calm as the first one. I just kept hearing police. Police, police, police."
Tragic Outcome
As Damion neared home, he encountered the builder working on their house, who expressed concern for Joshua's wellbeing. When Damion arrived home, Joshua and Tamara had already left for the hospital.
The jury heard that Joshua suffered serious brain damage after going into cardiac arrest. Doctors determined his death was "inevitable," and he passed away at Birmingham Children's Hospital at 1:38am on December 10, 2022.
The trial continues at Birmingham Crown Court, where both parents maintain their innocence against charges of gross negligence manslaughter and child cruelty.
