CARE home owners are facing a criminal prosecution over the death of an 81-year-old great-grandmother who fell out of a first floor window.

And today the daughter of tragic Jessie Hall has told how she has felt unable to grieve until the outcome of a major investigation into the accident.

Mrs Hall fell 15 feet through an open lounge window at Longfield Home for the Elderly, Preston New Road, Blackburn, on April 16, 2003. She died in hospital a day later. An inquest jury last week decided that Mrs Hall's death was accidental, to which neglect contributed.

Police today revealed they had investigated the possibility of bringing charges of manslaughter by gross neglect but decided against the move after liaising with the Crown Prosecution Service. But police and Blackburn with Darwen Council heath and safety officers have provisionally approved a decision to criminally prosecute the owners under breach of safety regulations. The maximum penalty is a £20,000 fine.

The National Care Standards Commission, which monitors care homes, confirmed it was also taking enforcement action against the home. A Commission spokesman said it could shut the home down, but was unlikely to do so.

The home, which cares for elderly people who are mentally disabled and has a locked external door policy, is owned by a private company which includes Heather Lomas among its directors, the inquest was told.

The inquest was told that at the time of the fall there were three care staff on duty - Collette Hamilton, Robert Neilson and Michelle Murphy - although none were in the first-floor lounge area, where there were 16 residents. The home's manager Tina Hegarty, was not on duty, the inquest was told.

A post mortem examination on Mrs Hall found the primary cause of death to be bronchial pneumonia in her lungs.

But the 11-strong jury ruled that the fall and neglect on behalf of the care home had contributed towards her death.

Mrs Hall's daughter, Jennifer Newbury, 55, said: "It's a fair verdict and what we expected. But I haven't been able to grieve because haven't been able to close the book."

"I don't have any ill-feeling towards Longfield. I just don't want it to happen to anyone else."

Mrs Newbury said that Mrs Hall's ashes are to be taken to the Isle of Wight and placed with those of her first husband Cyril Douglas Moses.

Mrs Hall, who moved to Woodfold Place, Blackburn, from Leyland in 1981, twice escaped from the home, the inquest heard. In March last year she had to be picked-up by the police after being found wandering in a park.

Sayyed Osman, the council's deputy director regeneration, housing and neighbourhood services said: "The council is aware of the outcome of this inquest and is now considering its options."

Acting Detective Inspector Ian Critchley said that a prosecution will take place over failure to comply to health and safety laws. He added: "In partnership with health and safety further procedures are to be taken regarding breaches of legislation, relating to formal risk assessment breaches."

Nobody from the home was available to comment.