A coroner has stated he is 'highly likely' to restart an inquest into the death of murdered Blackpool toddler Preston Davey, but the hearing is not expected to take place until autumn 2027.
Details of the Case
Thirteen-month-old Preston passed away at Blackpool Victoria Hospital on July 27, 2023, after enduring sexual and physical abuse at the hands of his adoptive parents Jamie Varley and John McGowan-Fazakerley. Preston was born in Oldham but had been placed with the pair at their Blackpool residence just four months prior to his death following approval of the adoption.
After the trial at Preston Crown Court concluded earlier this year, Varley and McGowan-Fazakerley were convicted of a combined 30 charges. Varley was found guilty of murder, GBH, child cruelty and sexual abuse, and received a whole life sentence, while McGowan-Fazakerley was imprisoned for 25 years for causing or allowing the death of a child, child cruelty and sexual assault.
Inquest Legal Framework
According to UK law, if an inquest is halted and subsequently resumed following a homicide conviction, such as murder, the inquest's findings cannot contradict the criminal jury's verdict. An inquest cannot deliver any verdict apart from unlawful killing. However, if there are unresolved matters, such as any potential missed chances to prevent a death, a coroner may still conduct a complete inquest. The legislation also permits an enhanced inquest under the European Convention of Human Rights. An Article 2 inquest is initiated when there's a potential violation of the state's duty to safeguard life. Unlike a standard inquest that strictly investigates how a person died, an Article 2 inquest more comprehensively probes the circumstances surrounding their death and is typically heard before a jury.
Pre-Inquest Review Hearing
Blackpool's chief coroner Alan Wilson conducted a pre-inquest review into Preston's death on Monday (July 20) at Blackpool Town Hall. The hearing was attended by a solicitor representing Preston's biological mother Sarah Davey and her mum Debra Davey. Preston's biological father Gary Nolan was present, also represented, along with solicitors representing Oldham Council, Bolton Council and Blackpool Victoria Hospital.
During the hearing, the coroner disclosed that Oldham council had 'restarted' a child safeguarding review into Preston's care and death which isn't anticipated to be concluded until January 2027. An inquest cannot proceed until that review is finalised. The coroner stated: '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 learned 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
'It is difficult to estimate how long this inquest will take,' Mr Wilson stated, noting that the earliest a hearing could be arranged is June or July next year, but he was inclined not to schedule an inquest which would coincide with the anniversary of Preston's death. The coroner anticipated the inquest would occur 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 learned that despite the coroner being aware 'some of the public reaction to this case has included calls for a public inquiry', one has not been declared and therefore an inquest can still proceed. The coroner then mentioned a government investigation, which he was obliged to consider before recommencing 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.'
Article 2 Inquest Consideration
The coroner also expressed his expectation that Article 2 would be invoked 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, referring to 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 is set to conduct another pre-inquest review hearing in either October or November.
