A JUDGE was wrong not to allow the family of a teenager who died of a drug overdose to launch a civil case against police and their local council, the High Court in London has ruled.

Melissa Strickson, 13, died in October 2001 after running away from home with three other girls and taking refuge at the home of self-confessed white witch Sally Corkhill, of Sudell Road, Darwen.

Melissa's father, Victor, of Tockholes Road, Darwen, launched a £10,000 legal claim against the police and Blackburn with Darwen Council, claiming the authorities failed to give them help in controlling Melissa, who absconded from home more than 50 times.

His case was dismissed in March last year on a technicality, after a judge ruled a claim form had not been served properly. This ruling was again upheld last year on appeal.

But the High Court has now ruled Mr Strickson's appeal should have succeeded, but under the law the High Court has not power to alter the decision because it was outside its jurisdiction.

Mr Justice Goldring said the case was not so "exceptional" as to require the High Court to intervene.

He said: "These proceedings were brought. They were not brought promptly. They were not proceeded with diligently. Orders of the court were not complied with. The court's rules were not followed.

"The essential problem in this case was not an inadequate system for investigating Melissa's death. It was that Mr Strickson, by his solicitors, did not use it properly.

"Had the rules on service been followed and the orders of the court obeyed, the issue finally and wrongly decided by the circuit judge would not have arisen in the first place."

The judge has also granted Mr Strickson permission to challenge the decision at the Court of Appeal, and said Mr Strickson was considering whether to sue his solicitors.