AN ASTLEY mother who has been campaigning for justice for her dead son is celebrating a legal breakthrough.

Brenda Rowley, whose severely disabled son Malcolm died in a bath at a council bungalow, welcomed a decision by Salford Magistrates who refused to sentence Salford City Council due to their "insufficient powers."

The Council could now face a fine in excess of £25,000 as the case has been sent to be heard at Crown Court.

Speaking after the proceedings, Mrs Rowley, 47, of Whimbrel Road, said: "I am absolutely delighted. It is a step nearer to justice.

"I believe that magistrates have sent a very clear message to Salford Social Services that they will not be allowed to treat the safety of our most vulnerable people with the same casual indifference that they treated Malcolm's.

"Hopefully, the decision will go along way towards helping to ensure the future safety of other vulnerable people in their care."

Magistrates heard how 30-year-old Mr Rowley was found dead last July in the bath at a Salford Council special bungalow in Eccles. The Health and Safety Executive who are prosecuting Salford Council claimed care workers should not have left Malcolm, who could not move his arms to support himself, alone in the bath.

The court heard how a care worker had left Malcolm, who had a mental age of six months, for five minutes to make a drink.

When she returned, Malcolm's head had slipped beneath the water. Paramedics failed to resuscitate him. Roger Gladwell for the prosecution said that the council carers had not taken a proper risk assessment of Malcolm's care needs and had also failed to notify the Health and Safety Executive of his death.

Mr Gladwell said: "The penalty should take into account the public disquiet and loss of life."

Defending, Mr Ian Sheard, told the court that Malcolm's death had had "a severe impact on the council."

He said: "Salford Council expresses sincere sorrow on the tragic accident of Malcolm Rowley." The defence added that it had been "human error" which had prevented the council reporting the incident to the Health and Safety Executive.

Since Malcolm's death, new procedures had been brought in to change safety routines in all homes and day centres run by the social services.

After a lengthy deliberation, Magistrate Mrs Barbara Griffin said: "We have had a very difficult task.

"We have given a lot of thought to the events that have resulted in the untimely and sad death of Malcolm Rowley.

"Salford Council have pleaded guilty to both charges. It is as a matter of regret that only as a result of Malcolm's death have practices and procedures been formalised."

Magistrates, who have limited legal powers, committed the case to Crown Court on June 1.

In a statement, Salford Council's director of community and social services Anne Williams sent their condolences to the Rowley family.

She said: "We appreciate a thing in a situation like this can compensate for the loss of Malcolm. Staff who cared for Malcolm for almost 20 years, wanted him to have a bit of privacy and pleasure at bath time. But risk assessment and management procedures should have been in place to prevent their tragedy.

"That is why we pleaded guilty at the Magistrates' Court and accept that they viewed the matter seriously enough to refer the sentencing to the Crown Court."