A YOUNG E.coli food poisoning victim is set to take legal action against an East Lancashire food outlet where she ate a meal - despite a decision by environmental health chiefs not to prosecute.

Graduate Stephanie Hawke, 21, of Padiham, spent a week in intensive care at Burnley General Hospital after visiting the Ribble Valley food outlet, which was linked to three of the six cases in the July outbreak.

Today her mum, Louise Hawke, of Masefield Avenue, Padiham, expressed disgust over the decision by Ribble Valley council not to take legal action against the owners of the premises, which both they and East Lancashire Health Authority have always refused to identify, because of lack of evidence.

Mrs Hawke said: "The decision is diabolical - my daughter was at death's door yet they are doing nothing. We will bring a civil case - the truth must be known."

Mrs Hawke believes a civil action could be successful because the burden of proof is less stringent for civil cases than for criminal prosecutions.

A statement from Ribble Valley Council chief executive David Morris said the infective organism concerned was not found in any food or environmental samples taken in and around the premises, which voluntarily closed for five days after the outbreak.

He said infection could come from other sources and added: "Therefore it has now been decided that there is insufficient evidence to pursue formal action for offences under food safety legislation."

Mrs Hawke hit back: "I rang them more than a week after Stephanie was rushed to hospital and they had still not been to the premises because E.coli had not been confirmed. "What did they expect to find after all that time?"

Mrs Hawke said Stephanie, who needed 10 pints of blood and eight bags of plasma during her ordeal, has not fully recovered and is still off work. The council added insult to injury in their letter which says they hope my daughter has recovered from her gastro enteritis - she nearly died, the hospital sent for me twice and they call it a bout of enteritis. It just belittles it."

Mrs Hawke claims a council health officer told her at the time of the inquiry that E.coli had been found in food samples at the pub.

"It seems there is only one environmental health service - to protect business, not people," she added.

Council environmental health manager James Russell who led the investigation said: "We have taken this matter apart very thoroughly and found no conclusive evidence and we cannot name the premises involved."

The owner of the food premises understood to be at the centre of the inquiry said: "I have absolutely no comment to make."

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