The jail sentences of the couple who killed six-year-old Arthur Labinjo-Hughes are to be reviewed, the Attorney General has confirmed.
Arthur was left with an unsurvivable brain injury while in the sole care of 32-year-old Emma Tustin, who on Friday was jailed for life after being convicted of murder by assaulting the defenceless child in Solihull on June 16 2020.
Tustin’s life sentence carries a minimum term of 29 years, while Arthur’s father Thomas Hughes was sentenced to 21 years for manslaughter.
The Attorney General’s Office (AGO) confirmed on Saturday afternoon that the sentences are to be reviewed to “determine whether they were too low”.
The AGO has 28 days from the date of sentence to review a case, assess whether it falls under the Unduly Lenient Sentence (ULS) scheme, and make a decision as to whether to refer a sentence to the Court of Appeal.
A spokesperson for the AGO said: “The Attorney General’s thoughts are with those who loved Arthur. I can confirm that the sentences given to Emma Tustin and Thomas Hughes have been referred to the Attorney General for review to determine whether they were too low.”
The Court of Appeal then makes the decision about the sentence.
It comes after Solihull MP Julian Knight, who laid flowers at the shrine for Arthur, said on Twitter he would be referring the sentences for review.
He said: “I’ve just laid flowers at the shrine for young Arthur, lots of touching tributes from local residents and people around Solihull.
“There’s a palpable sense of real loss and tragedy over this and also frankly a sense of anger and questions as to how this was allowed to happen, how these monsters were allowed to inflict this horrible torture on this young defenceless boy.
“My view is very simple on this, we need to get to the bottom of how this happened and we need to ensure that those who have failed are accountable.
“But also I think anyone reflecting on those sentences yesterday thinks that they were too lenient and my intention is to try and refer this to the Unduly Lenient Sentencing scheme as soon as possible and I will be doing that on Monday morning.”
Solihull still has collective heartbreak over the murder of young Arthur Labinjo-Hughes.— Julian Knight MP (@julianknight15) December 4, 2021
I share the view that the sentences these monsters have been given are just not enough. I will be referring them for review by the Attorney General under the Unduly Lenient Sentence scheme. pic.twitter.com/yPUZ4l3gf1
Wendy Thorogood, director of the Association of Child Protection Professionals, said the murder of Arthur – whose body was found to be covered in 130 bruises – was a “society responsibility”.
She told Times Radio: “He should (have been at the top of social services’ priority list) and you would have expected them to actually look at his history, but unfortunately they go on what they see at that moment in time.”
Ms Thorogood said that Arthur was not getting “additional” oversight from school and education as the incident took place during the coronavirus lockdown.
She added: “I feel they took probably the assessment he was out happy, playing, a boy being boisterous.
“I would have expected any bruises that had been shown would have actually been shared with health to actually have a view as well as to where the injury was.
“The biggest thing is to actually speak with the child and I can’t say whether or not that actually happened.
“Equally, it’s a society responsibility, in relation to his cries were so abnormal if we’d had an anonymous call from one of the neighbours that could have given them more power to do the investigation.
“He wasn’t on a child protection list, he wasn’t one of the children that you would have considered to be a priority.”
Lord Laming, who led the public inquiry into the death of Victoria Climbie and reviewed the case of baby Peter Connelly, said social workers must be properly trained and supported.
The peer also warned the financial cuts of the past decade had taken their toll.
It came as football fans applauded during the sixth minute of the West Ham vs Chelsea game as a picture of Arthur was shown on a screen.
More tributes were paid by Coventry City, Wolverhampton Wanderers and Birmingham City, while Aston Villa will do the same during Sunday’s clash with Leicester.
Ex-children’s minister Tim Loughton said “we” all have a “duty” to make sure other vulnerable children are not let down by social care in the same way as Arthur.
“Funding for children’s social care has lagged behind and social workers are overstretched and undervalued, when in truth they should be revered as our fourth emergency service,” the Tory MP wrote in The Sun.
“Early interventions to stop the causes of safeguarding problems have been diluted to late interventions to firefight symptoms.
“This is a false economy where in this case a child paid with his life. We all have an interest in putting this right urgently, and a duty to make sure it is.”
Solihull’s Local Child Safeguarding Partnership launched an independent review after it emerged in court the boy had been seen by social workers just two months before his death, but they concluded there were “no safeguarding concerns”.
Prime Minister Boris Johnson on Friday said ministers will leave “absolutely no stone unturned” to establish what went wrong in the “appalling” case.
Speaking during a by-election campaign visit in north Shropshire, Mr Johnson said: “It is early days, but I can tell you this, we will leave absolutely no stone unturned to find out exactly what went wrong in that appalling case.”
Education Secretary Nadhim Zahawi said he would be making a statement on the case to Parliament on Monday.