Who was Preston Davey?

Preston Davey, whose birth name was Elijah, was born in June 2022 and entered foster care shortly after birth. He was described by health professionals as a healthy and happy child during the first nine months of his life. An adoption panel approved his placement with Varley and McGowan-Fazakerley in March 2023, and he began living with the couple at the end of that month.

What happened?

Prosecutors told the court that during the approximately four months Preston was in the couple’s care, he was “routinely ill-treated, sexually abused and physically assaulted”. The jury heard evidence that he suffered more than 40 separate injuries and was admitted to hospital several times before his death on 27 July 2023.

The prosecution argued that Preston died from acute upper airway obstruction caused by smothering or objects being forced into his mouth. Varley tried falsely claiming that Preston had accidentally drowned in a bath, but prosecutors were able to prove that his injuries were consistent with his airways being obstructed. Jurors were shown evidence of extensive physical and sexual abuse.

The convictions

Varley, a secondary school teacher was convicted of:

• Murder
• Sexual assault of a child
• Assault by penetration
• Grievous bodily harm
• Multiple counts of child cruelty
• Numerous offences relating to indecent images of a child

His boyfriend McGowan-Fazakerley, was convicted of:

• Causing or allowing the death of a child
• Child cruelty offences
• Sexual assault of a child

Both men had denied the allegations.

Safeguarding questions

The case has prompted scrutiny of the adoption and safeguarding systems. Preston was taken to hospital multiple times before his death, and concerns about unexplained injuries were recorded by medical staff. A child safeguarding review, paused during the criminal proceedings, is expected to examine how agencies handled Preston’s case and whether warning signs were missed.

Adoption in the United Kingdom

Adoption in England and Wales is governed primarily by the Adoption and Children Act 2002. The overriding legal principle is that the welfare of the child is the paramount consideration in all adoption decisions. Prospective adopters undergo extensive assessments, including background checks, home studies, interviews and approval by an adoption panel before a child can be placed with them.

Children may initially be placed with prospective adopters before a court grants a final adoption order, allowing professionals to assess how the placement is progressing.

When were same-sex couples allowed to adopt?

The case has attracted international attention partly because the defendants were a same-sex couple. However, UK adoption law does not distinguish between heterosexual and same-sex applicants.

The Adoption and Children Act 2002 extended adoption rights to unmarried couples, including same-sex couples. Although the legislation received Royal Assent in 2002, the relevant provisions came fully into force on 30 December 2005, allowing same-sex couples in England and Wales to jointly adopt children. Scotland introduced equivalent rights through separate legislation that came into effect in 2009.

Adoption agencies are required to assess applicants on their ability to provide a stable, safe and loving home, rather than on their sexual orientation. Over the past two decades, same-sex couples have become an increasingly important part of the UK’s adoption system, accounting for a growing proportion of adoptions.

A Developing Story

The convictions have brought an end to one of the most disturbing child abuse cases heard in a British court in recent years, but questions remain about how Preston’s placement was monitored and whether opportunities to intervene were missed. A safeguarding review is expected to continue after the criminal proceedings conclude.

Jamie Varley and John McGowan-Fazakerley are due to be sentenced on Thursday, meaning the story remains ongoing.