A MIX-UP has led to a wheelchair-bound sex offender being freed by a court even though a judge wanted to send him to prison, it was revealed today.

Concerned MPs have demanded action to prevent a repeat of the error which resulted in Richard Fitzpatrick being given three years probation after Burnley Crown Court was told his needs could not be accommodated in Preston Prison (pictured).

Crown Prosecution Service lawyers were today considering whether to appeal against the sentence and the convicted man admitted he was expecting to be sent to prison.

The Prison Service has admitted it mistakenly led Judge Raymond Bennett to believe that it could not cater for the needs of Fitzpatrick, who could have faced eight years in jail.

The error has prompted the Prison Service to review its system for managing correspondence.

And Burnley MP Peter Pike and his Pendle counterpart Gordon Prentice have now demanded that steps be taken to ensure this doesn't happen again.

The mix-up came to light after Fitzpatrick, 48, who was injured when he fell from a roof in 1989 and also suffers from epilepsy and depression, was convicted of sexually abusing a little girl.

At his sentencing the court heard that he was unable to stand even with the help of two people and had to crawl around where disabled facilities did not exist.

Two weeks ago Judge David Pirie asked the court to write to the governor of Preston Prison to enquire about the possibility of accommodating Fitzpatrick.

But the letter reply mistakenly gave the impression that none of the country's prisons could give Fitzpatrick the level of care he needed.

Sentencing Fitzpatrick, Judge Bennett said the defendant deserved to go to custody and he was only imposing the community sentence because circumstances forced it. He said that anyone reading of the case would think probation was wholly inadequate, but it was the only penalty which was appropriate because of the defendant's disability. But today a spokesman for the prison service said: "Preston Prison was asked if Mr Fitzpatrick could be accommodated within the prison system given his disability. The prison assessed his needs and it was concluded that Preston Prison could not provide him with the level of care he needs because the health care centre at the prison is undergoing extensive refurbishment.

"Unfortunately the response that was sent to the court from the prison gave the impression that the prison system would be unable to accommodate Mr Fitzpatrick. The Prison Service accepts that this is an error and we are now going to examine the system for the management of correspondence to tighten them up."

The spokesman said: "The prison service never knows what prisoners they are going to get from day to day, but no matter what disabilities people have the prison service can and does deal with them.

"Prisoners are allocated accommodation suitable for their needs. For example, Kirkham Prison is able to accommodate disabled prisoners."

Burnley MP Peter Pike said: "Steps should be taken to ensure that it doesn't happen again. "

Pendle MP Gordon Prentice said: "It seems totally bizarre that the sentencing power of the judiciary should be determined by the availability of a place at one particular prison.

"I shall be writing to the Lord Chancellor about this. "

Today Fitzpatrick, speaking from a wheelchair at his bungalow home in Nelson, admitted: "I expected to go to jail."

He said he took his medication to court as the case progressed to be prepared to be sent straight to prison.

But Fitzpatrick, who said he had been threatened with violent revenge attacks since the case began, added: "I don't feel as though I've escaped anything. The probation order isn't going to be easy. It's certainly not going to be enjoyable. Life isn't going to be easy and I don't expect it to be."

The Crown Prosecution Service has 28 days from the date of the sentencing to appeal against Fitzpatrick's sentence, if they wish to do so.

A spokesman for the CPS today confirmed that the case was now under review.