A WHEELCHAIR-bound paedophile who escaped a prison term because of fears that his disabilities could not be accommodated in jail is due to have his sentence reviewed.

Richard Fitzpatrick, 48, who cannot stand unaided, has been called back to court on Friday by Judge Raymond Bennett, after it was revealed that, despite an initial letter to the contrary from the Prison Service, the sex offender could be cared for within the prison system.

There was an outcry earlier this month and MPs Peter Pike, of Burnley, and Nigel Evans, of Ribble Valley, demanded an inquiry into how Fitzpatrick, who could have been jailed for up to eight years for indecent assault on a little girl, was given three years probation because the judge was led to believe that he could not be put in prison.

Fitzpatrick admitted that he had expected to go to jail.

But the prison service then said that it had mistakenly led Judge Bennett to believe that it could not cater for Fitzpatrick's needs.

The mix-up came to light when the Lancashire Evening Telegraph contacted the prison service to ask why they could not accommodate 48-year-old Nelson man Fitzpatrick.

Fitzpatrick is confined to a wheelchair after a fall from a roof in 1989. He also suffers from epilepsy and depression.

Before sentencing him the court had written to the governor of Preston Prison to ask about the possibility of him being accommodated.

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 had said he deserved to go to custody and he was only imposing the community sentence because circumstances forced it.

But after the sentencing Burnley Crown Prosecution Service wrote to the prison service asking them to clarify their position.

They replied to the CPS and the court admitting their mistake and saying they could actually accommodate Fitzpatrick.

A spokesman for Burnley CPS said: "We were looking into the possibility of appealing because the leniency of the sentence, but that was made redundant by the fact that he was called back for the sentence review by Judge Bennett."

Fitzpatrick will appear at Burnley Crown Court.