Ellie Butler murder: Senior judge excoriated in case review for reuniting violent father with six-year-old daughter

Mrs Justice Ogg has been severely criticised for her decision in a review into the murder of six-year-old Ellie Butler, who died in 2013.

Her father, Ben Butler, was sentenced to life in prison yesterday, while her mother, Jennie Gray, was handed a 42 month sentence for child cruelty and attempting to cover up the murder with a fake 999 call hours after the girl died.

Marion Davis, a former president of the Association of Directors of Children’s Services singled out Mrs Justice Ogg’s actions, saying: “I think the crux of the matter rests with Mrs Justice Hogg. The extra steps she took were unwarranted.”

She also criticised social workers at Services For Children (S4C), chosen by the judge to replace those from the London borough of Sutton who had fought Mr Butler’s attempts to regain custody of Ellie.

Ms Davis called Mrs Justice Hogg’s decision to reunite Ellie with her father “extraordinary” because even though his conviction for assaulting her was overturned at the Court of Appeal in 2010, Mrs Justice Hogg’s assertion, that the injuries Ellie sustained were the result of an accident, went beyond the ruling which had only stated the conviction was unsound in light of new scientific evidence on shaken baby syndrome.

Ms David said: “She gave permission for a letter exonerating Ben Butler of causing any harm to Ellie to be circulated to all agencies and said he was victim of a miscarriage of justice.

“This is the most extraordinary element of the whole case. To say it’s surprising is an understatement, it’s an extraordinary step to take. Once that court judgment from Mrs Justice Hogg was in place there was virtually nothing that could be done to affect the outcome for Ellie.”

Apart from providing court orders, the judiciary refused to take part in the serious case review.

Christine Davies, the independent chair of the Sutton Safeguarding Board, said: “If the judiciary is not significantly open and cannot learn from its own actions, questions have to be raised.

“The safeguarding board will be making contact with the president of the family court and the Family Justice Council. The issue about whether the judiciary should be as accountable as other agencies needs to be addressed.”