In hindsight, Hogg’s 88-page judgment is an extraordinary catalogue of missed opportunities. The contents of her findings, which can be reported for the first time, reveal:
Hogg knew of Butler’s violent past and his criminal convictions but judged him to be a “thoughtful, reflective person”.
She dismissed the account of a doctor who was concerned about aggression and bullying of Gray by Butler. Dr Haswell said he saw “the parents arguing, the father poking the mother in the chest and forehead and being aggressive”. Hogg judged he had “misinterpreted” the scene, noting the medic was a “young, well meaning, but inexperienced and very junior doctor”.
She dismissed concerns that Ellie had been brought to hospital at seven weeks old with evidence of historic burns to her forehead and hand. Butler had said the baby had rolled over and hit an electric heater.
She ruled Butler’s relationship with Sutton council was “doomed to failure” and agreed to appoint a private firm, Services for Children, to assess him and Gray.
Hogg also heard a heart-felt plea from Ellie’s grandfather, who warned her she would have “blood on her hands” if Butler regained custody.
On 12 October 2012, the court order was made stating that Ellie should be returned to her parents. Hogg said that the transition should be completed by Christmas. Services For Children, the assessors, decided to expedite Ellie’s return so that it was completed by 9 November 2012. They told her grandparents that they could not say goodbye to Ellie.