An inquest into the death of murdered toddler Preston Davey is 'highly likely' to resume, a coroner has said. Preston, who was 13 months old, died at Blackpool Victoria Hospital on July 27, 2023, after being subjected to sexual and physical abuse by his adoptive parents, Jamie Varley and John McGowan-Fazakerley. He was born in Oldham but had been placed with the couple at their home in Blackpool just four months before his death after the adoption was approved.
Criminal Convictions and Legal Context
Following a lengthy trial at Preston Crown Court, Varley and McGowan-Fazakerley were found guilty of a total of 30 offences. Varley was convicted of murder, GBH, child cruelty and sexual abuse, and handed a whole life order, while McGowan-Fazakerley was jailed for 25 years for allowing the death of a child, child cruelty and sexual assault. Under UK law, if an inquest is suspended and later resumed after a homicide conviction, such as murder, the conclusion of an inquest cannot be inconsistent with the criminal jury’s determination. An inquest cannot reach any conclusion other than one of unlawful killing. However, if there are outstanding issues, such as any potential missed opportunities to prevent a death, a coroner can still hold a full inquest.
Enhanced Inquest Under Article 2
The law also allows for an enhanced inquest under the European Convention of Human Rights. An Article 2 inquest is triggered when there is a potential breach of the state’s obligation to protect life. Unlike a standard inquest that narrowly examines how a person died, an Article 2 inquest more broadly investigates in what circumstances they died, and is usually heard before a jury. Blackpool's senior coroner Alan Wilson held a pre-inquest review into Preston's death on Monday (July 20) at Blackpool Town Hall. The hearing was attended by a lawyer representing Preston's birth mother, Sarah Davey, and her mother Debra Davey. Preston's birth father Gary Nolan was in attendance, also represented, along with lawyers representing Oldham Council, Bolton Council and Blackpool Victoria Hospital.
New Details Emerge During Inquest Hearing
During the hearing, the coroner revealed that Oldham Council had 'restarted' a child safeguarding review into Preston's care and death which is not expected to be finished until January 2027. An inquest cannot be held until that review is completed. The coroner said: "This internal investigation should start again in light of significant information not previously available including information from the criminal trial." The pre-inquest review also heard that Bolton Council was involved in Preston's adoption. Bolton is the 'host' authority of regional agency Adoption Now which facilitated Preston's placement with Varley and McGowan-Fazakerley.
Timeline and Public Inquiry Considerations
"It is difficult to estimate how long this inquest will take," Mr Wilson said, adding that the earliest a hearing could be scheduled is June or July next year, but he was minded not to list an inquest which would clash with the anniversary of Preston's death. The coroner said he expected the inquest would be held in the autumn of 2027 although 'it may be that the inquest is held even later than [that]', and added: "I am very conscious that, particularly for the family, it will sound a long time into the future." The court also heard that although the coroner is aware 'some of the public reaction to this case has included calls for a public inquiry', one has not been announced and therefore an inquest can still be held.
Government Investigation and Next Steps
The coroner then referred to a government investigation, which he was required to consider before resuming the inquest, adding: "Regarding reports that an investigation is to be instigated [by the government] the Minister for Children and Families [Josh MacAlister] has helpfully informed the court as follows: The work to be undertaken is advisory in nature and is not statutory." The coroner also said he expected that Article 2 would be engaged but would make a decision on this at a later date. "My provisional view is that there is some force in the argument for an Article 2 inquest," he said, referencing the adoption process, the various 999 calls made during Preston's placement with Varley and McGowan-Fazakerley and three visits to A&E. The coroner will hold a further pre-inquest review hearing in October or November.
