Inquiry into Rosepark fire deaths

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Reevel Alderson reports on the Rosepark inquiry

A fatal accident inquiry is to be held into a fire at a nursing home in Uddingston in Lanarkshire in which 14 residents died.

The Crown Office has announced the move two days after a judge dismissed attempts to prosecute the former owners of the Rosepark Care Home.

Two previous attempts to bring charges against them had also failed.

The First Minister Alex Salmond said the case raised a "genuine gap" in the law which must be addressed.

The Solicitor General said the decision not to seek a further appeal and move forward with a FAI would best serve the public interest.

In particular, we have considered the stress and frustration caused to those who lost loved ones by an ongoing legal process Frank Mulholland QC Solicitor General

Frank Mulholland QC said the FAI would seek to ensure those who lost loved ones in the fire in 2004, would find out exactly what happened as soon as possible.

On Tuesday Lord Matthews threw out the case against Tom Balmer, his wife Anne and son Alan after hearing legal arguments at the High Court in Glasgow.

They were charged with 17 health and safety offences relating to the Rosepark blaze.

The judge ruled they could not be held responsible as the Rosepark Care Home firm they ran had now been dissolved.

At First Minister's Questions at Holyrood Alex Salmond said concerns that a legal loophole prevented the prosecution from going ahead were being addressed.

Announcing the FAI Mr Mulholland said: "Throughout the history of this case, we have endeavoured to bring to criminal trial any organisation or individual against whom we considered there was sufficient evidence to prosecute in respect of this tragic incident.

"As Lord Matthews indicated in his judgment, it was right that we sought to do this."

The Balmers were charged with 17 health and safety offences

He added: "The decision not to appeal Lord Matthews' decision and to proceed now with a FAI has been taken after careful consideration as to what is in the public interest.

"In particular, we have considered the stress and frustration caused to those who lost loved ones by an ongoing legal process which, so far, has been unable to provide them with any answers as to what happened."

The announcement of the fatal accident inquiry has been welcomed by the owners of the care home and their legal representatives.

Tom Balmer, speaking on behalf of his wife Anne and son Alan, said: "We welcome this decision, both for ourselves and the families of those who died.

"At long last, we may be able to establish the reasons for this tragedy and what can be done to prevent such events in the future."

Peter Watson, of Levy & McRae, said: "A Fatal Accident Inquiry should have been established initially to let the bereaved families hear all the evidence.

"The Crown saw this tragedy in terms of a crime when many thought an investigation into the facts was more appropriate."

There is a genuine gap in the law which must be addressed that this case has brought up Alex Salmond First Minister

The Rosepark blaze was one of the worst tragedies in Scotland in recent years.

As well as the death of the 14 residents, several other people were injured when a fire broke out in a downstairs cupboard in the care home.

After dismissing the latest attempt to prosecute the former owners of the Uddingston care home on Tuesday Lord Matthews called on the Law Commission to look at reforming the law or for MSPs to change the legislation.

However, the Crown Office said it was up to Westminster to legislate as this area of company law is reserved to it.

Legal 'gap'

During question time at Holyrood, Labour MSP Michael McMahon welcomed the FAI, but raised concern that Crown Office "mistakes" meant the victims' families would never get proper justice.

Mr McMahon, whose Hamilton North and Bellshill constituency took in the nursing home, claimed prosecutors should have served charges against the company which owned the home at the time, rather than the directors who dissolved the company and created a new one to run it.

Mr Salmond responded: "Scottish and UK government officials are working together on how legislation can close that loophole.

"It was under a previous administration - I'm not making that as a political point - but I don't think it's a simple as to say this was a mistake by the Crown office.

"There is a genuine gap in the law which must be addressed that this case has brought up."