A GOVERNMENT agency has ruled it will not take enforcement action after a family of three were poisoned by carbon monoxide in their Pendle home.

Tina Broughton, her son Jake, 13, and daughter Holly, 17, were slowly poisoned over a period of months after a faulty gas boiler and appliances turned their rented home in Victoria Mews, Earby, into a carbon monoxide death-trap.

An investigation by the Health and Safety Executive (HSE) has identified a ‘failure to follow procedures’ by one or more of five parties that at some time held responsibility for the safe operation of the boiler. But the agency said there was ‘insufficient evidence’ to support enforcement action.

Mrs Broughton said she was ‘furious’ at the decision and pledged to continue her fight for justice.

The Broughton family moved into the house, which was built in 2007, in December 2008, but the leak was not discovered until January 2010.

The deadly gas, which is odourless and colourless, had been seeping into kitchen, where the boiler is located, and making all three members of the family ill.

They suffered severe headaches, sickness and lethargy for up to five months.

The plumber who installed the boiler, the developer, letting agency, the plumber who performed a gas check when the family moved in and the plumber who performed the annual service of the boiler and discovered the fault were all deemed to have held responsibility at different times.

But a HSE inspector said he could not directly link the actions of any of the people who worked on the boiler to the carbon monoxide leak.

Mrs Broughton said they were only just ‘getting back to normality’.

“We all nearly died and my son was hanging on by a string,” she said.

“Had it gone for another few days or a week, we might not have been here.”

The HSE report said: “Whilst faults and a failure to follow procedures have been identified, the evidence available is insufficient to support formal enforcement action.

“The HSE is therefore unable to prove to a high enough standard (beyond all reasonable doubt), a direct link between the actions of any of those found to have been working on the boiler from the date of its original installation to the carbon monoxide incident of January 2010.”