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Parents of a nine-month-old who died after choking on food at nursery say they will appeal the decision to bring no criminal charges in the case.
Oliver Steeper was being cared for at Jelly Beans Day Nursery in Ashford in September 2021 when he became unable to breathe while eating and was taken to hospital. He died six days later.
A police investigation into the circumstances surrounding the tragedy was launched in the weeks that followed.
But today Kent Police told KentOnline the probe has been concluded and the case shelved.
A force spokesman said: "Following a thorough investigation, no further action is to be taken and the investigation has been filed pending further information coming to light. A report will be prepared for the coroner."
Oliver's mother Zoe and father Lewis, who are from Ashford, say they are "hugely disappointed and shocked" by the decision by the Crown Prosecution Service (CPS) not to pursue charges.
Mr Steeper said: "We have now instructed specialist solicitors who have lodged our appeal with the Crown Prosecution Service.
"We will leave no stone unturned as we feel that many key aspects of what happened on that day have been missed or ignored by the CPS."
The nursery in Field View, Kingsnorth, where Oliver choked was closed down within weeks of the tragedy.
Initially the daycare centre was shut temporarily after education and childcare watchdog Ofsted suspended its registration over "serious safeguarding concerns" relating to the fatal incident.
It was the subsequently closed permanently, which the family say meant Ofsted could not carry out any further investigation.
An inquest into Oliver's death was opened in August, but it was subsequently adjourned to allow the police investigation to be concluded.
The hearing at County Hall in Maidstone was told how the infant died of a brain injury and heart attack at Evelina London Children's Hospital six days after choking at the nursery on September 23, 2021.
Cause of death was given as a brain injury and cardio-respiratory arrest following "aspiration of foodstuffs during a choking episode".
Oliver's parents have become active campaigners for robust safety regulations in childcare settings following their son's death, with a petition against looser nursery rules being debated in Parliament.
Last month the couple celebrated the birth of their second child, son Jake Oliver Steeper, at the William Harvey Hospital.
Speaking last month, Mr Steeper said: "Jake takes the middle name of Oliver, forming a bond only brothers can have, and allowing Oliver's special memory and legacy to live on within our little family."