Disability Now Campaign - Review For Drowning Case

by John Pring.

The Crown Prosecution Service is to reconsider whether it can charge a care worker over the death of a severely disabled man in a spa bath six years ago, after the case was raised by DN.

Malcolm Rowley, who had severe learning difficulties and was quadriplegic, drowned when the bubbles the worker put in the bath rose over his face, after he was left alone in the bathroom. An inquest jury ruled his death in Eccles in 1998 was an accident to which neglect had contributed.

Salford Social Services, which provided 24 hour care at the home, was successfully prosecuted by the Health and Safety Executive and fined £115,000, but no individual was charged. DN took up the case after we suggested to Mr Rowley's mother, Brenda, that Greater Manchester Police (GMP) may have been unaware of possible offences under the Mental Health Act (MHA). Our Justice for Survivors campaign highlights the failure to launch prosecutions for ill-treatment and neglect of vulnerable adults under the MHA and calls for higher profile offences with tougher sentences.

GMP has now admitted to DN that if failed to consider charges under the MHA because of a "lack of awareness" of the act. A spokesman said: "We have voluntarily referred the file on the case to the CPS for a second time and we are awaiting their considerations".

Mrs Rowley said: "Hopefully, a neglect charge would send a clear message to those working in the care system that the abuse and neglect of vulnerable people is a criminal offence that will no longer be tolerated" She failed last year in a High Court bid to have the care worker and the council prosecuted for gross neglect manslaughter, but is taking her case to the European Court of Human Rights.

Salford Social Services said all previous investigations had found Mr Rowley's death to be a "tragic and avoidable" accident, but it would "fully co-operate" with any further investigations.

Personal footnote from Mrs Rowley: While I welcome the fact that the neglect involved in Malcolm's death has at last been recognised I believe a charge of neglect against the care worker involved is insufficient. Malcolm did not recover from the neglect he suffered, he died as a direct result of that neglect and I will still be pursuing a charge of manslaughter.