Killer father Ben Butler was 'handed all the power by judge', damning report finds

Killer: Ben Butler was found guilty of murdering his six-year-old daughter Ellie
Metropolitan Police
Laura Proto21 June 2016
WEST END FINAL

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Killer father Ben Butler was handed “all the power” by a family court judge who decided he had been the victim of a miscarriage of justice, a serious case review has found.

Butler, 36, was convicted in March 2009 of shaking his daughter Ellie as a baby and was jailed for 18 months.

But in 2010, his conviction was quashed as appeal judges could not rule out an unknown cause for her injuries.

Mrs Justice Hogg ordered Sutton Council to send letters to education, children protection and health bodies, stressing that Butler was innocent after she decided that his daughter should be returned to his care in November 2012.

Ellie Butler with her mother Jennie Gray
pa

Less than a year later, when Ellie was returned to his care, she was killed by her aggressive and violent father, who was today jailed for life after being found guilty of her murder.

Speaking as a serious case review on the run-up to Ellie’s death was published, Christine Davies, chairwoman of the Sutton Safeguarding Children Board, said Mrs Justice Hogg’s decision over the letters, and to appoint Services for Children to deal with the case, tied their hands.

She said: “The serious case review concluded that the Family Court’s decision to exonerate Ben Butler of harming Ellie in 2007, combined with its subsequent order for agencies to be sent a letter to that effect, had a very significant impact on how agencies could protect his children from that point in time onwards.

Ben Butler with his daughter Ellie
Metropolitan Police

“Ben Butler’s exoneration and the Judge’s statement about him being a victim of a miscarriage of justice had the effect of handing all the power to the parents. This coupled with the assessment made by Services for Children to support Ellie and her sibling to be cared for by their parents were critical factors.

The serious case review highlighted "the extreme level of avoidance, deception and resistance from the parents, who were often evasive, contradictory and aggressive and who regularly resorted to complaints and threats."

It found that Butler and Ellie’s mother, Jennie Gray, continued to behave in this hostile way even after Ellie and her younger sibling were returned to their care.

An NSPCC spokesman said: “The serious case review makes it plain the pivotal moment in this dreadful case came when Butler’s earlier conviction for causing Ellie life threatening injuries was quashed by the High Court.

“There is no doubt this put social workers on the back foot and possibly emboldened him to continue with his violent campaign against a helpless child. Butler confronted social workers with aggression and black-hearted deception and even now appears unwilling to accept responsibility for his terrible actions.

“There will naturally be many serious questions about why and how this appalling couple were granted custody of their children, despite the alarming signs that should have raised red flags, but it’s worryingly clear the child’s voice was lost when it should have been the focus of attention. “

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