THE case of Malcolm Rowley has been referred back to the Crown Prosecution Service six years after he drowned at a council care home.

Disability Now has taken up his mother Brenda Rowley's long campaign for justice for her 30-years-old severely disabled son, who died after being left alone in a bubble bath at his Eccles home.

Though Brenda, of Whimbrel Road, Astley, is still battling on for a manslaughter charge to be brought against the carer responsible, she is happy that neglect charges are to be considered.

The organisation took up the case following a December seminar in London at which they heard Brenda speak about Malcolm's case.

News editor of the Scope linked magazine, John Pring, suggested to Brenda that Greater Manchester Police may have been unaware of possible offences under the Mental Health Act.

Their 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.

John said GMP had admitted to Disability Now that it failed to consider charges under the Act because of a lack of awareness of it.

A police spokesman said: "We have voluntarily referred the file on the case to the CPS for a second time and we are awaiting their considerations."

Brenda failed last year in a High Court bid to have the care worker and Salford Council prosecuted for gross neglect manslaughter, but is taking her case to the European Court of Human Rights.

An inquest jury ruled that Malcolm's death 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.

Brenda said this week: "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."

"I welcome the news that neglect has at last been recognised, but I still firmly believe it should be a manslaughter charge.

"Malcolm received second class care I don't see why he should receive second class justice."

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.