Preston Davey: The Failures of Social Services

Preston Elijah Davey was placed into emergency foster care when he was 5 days old where he remained for the first nine months of his life. Following Jamie Varley and his partner’s, John McGowan-Fazakerley, approval as prospective adopters by Adoption Now on 6th January 2023, they were approved by an adoption panel in March 2023, and Preston was placed into their care.
Preston lived with the couple for almost four months. On the 27th July 2023, Varley and McGowan-Fazakerley brought unconscious Preston to Blackpool Victoria Hospital claiming he had accidentally drowned in the bath. The 13-month-old was later pronounced dead at 7:20pm. A post-mortem examination quickly contradicted Varley’s claim of accidental drowning, revealing that the infant had 40 independent injuries. These injuries included bruising to his mouth, throat, bowel, and bladder; along with a healing fracture to his left arm.
Investigators revealed that Preston was subjected to repeated physical, psychological, and sexual abuse from both defendants. They recovered numerous photographs and videos from both of their mobile phones documenting the abuse inflicted upon Preston. This included videos showing Preston being deliberately frightened, spun at excessive speed on playground teacups whilst visibly distressed, the infant draped over the bars of his cot with his lips appearing blue, and a video Varley took on the 24th of July 2023 that shows the infant distressed and struggling unattended in the bath for over 14 minutes. There was also evidence on Varley’s mobile phone and forensic evidence from Preston’s cot indicating that Preston was sexually assaulted by both defendants on the 23rd July 2023.
Jamie Varley, 37, was convicted at Preston Crown Court of murder, two counts of sexual assault of a child under 13, inflicting grievous bodily harm, four counts of child cruelty, ten counts of making indecent images of a child, two count of possessing indecent images of a child, and one count of distributing indecent images of a child. Varley was sentenced to life imprisonment with a whole life order, this means that he will never be eligible for parole.
John McGowan-Fazakerley was convicted of causing or allowing the death of a child, one count of sexual assault of a child under 13, and two counts of child cruelty. He was sentenced to 25 years imprisonment.
Reports indicate that Preston was known to several organisations during his short life, there were at least ten contacts with multiple agencies and professionals in the nine weeks leading up to the infant’s death including regular home visits from social services. Concerns regarding Preston were raised on at least nine occasions by medical or safeguarding officials, but no action was taken. He was taken to the hospital on three separate occasions during his 4 months with Mr Varley and Mr McGowan-Fazakerley where concerns around unexplained injuries were dismissed. On one occasion Lancashire Police were informed about the suspicious injuries by safeguarding officials, but medical experts disregarded the injuries as accidental, so no criminal investigation took place.
The Children's Commissioner for England, Dame Rachel De Souza, has described the murder of the 13-month-old as a ‘massive safeguarding failure’. Oldham Council now face intense scrutiny from the public due to the missed opportunities to save baby Preston; especially following recent safeguarding investigations revealing the councils’ shortcomings when protecting children in their care.
The recent murder of Dylan Scanlo in 2021 also presented multiple opportunities for social services to prevent the five-year-old being beaten and poisoned by his mother including anonymous calls and reports, home visits, and concerns raised by safeguarding officials. In another case, a 13-year-old girl under Oldham Council’s care was raped and abused by multiple men after running away from a residential home. The safeguarding review made 11 recommendations, identifying failures by social services. Just two months before Preston was placed with his adoptive ‘parents’ Oldham Safeguarding Children Partnership published a review of failures in the care of another child. A 10-year-old boy ended up in hospital with ‘potentially life threatening’ neglect; malnourishment, anaemia and scurvy following shocking ‘oversight’ by Oldham Council.
Local authorities have a legal obligation to protect those in their care and maintain a safe environment. Whether you experienced abuse as a child in the care of the local authority or are a parent of a child who experienced abuse in the care of the local authority; you may have grounds to make a claim if the local authorities failures resulted in injury.
Jordans Solicitors – helping victims of sexual abuse claim compensation.
If you have been a victim of physical and/or sexual abuse and would like to speak to one of our Specialist Abuse Lawyers in confidence, please do not hesitate to contact us.
We have the knowledge and experience to advise you on the available options for pursuing a Criminal Injuries Compensation Claim and/or civil damages claim.
Our Sexual Abuse Compensation Team can be contacted by telephoning 08009555094 or 03303001103.