A MOTHER whose severly disabled son drowned in a care home jacuzzi has launched a High Court bid to have those she believes to be responsible for the tragedy prosecuted.

Brenda Rowley is challenging the Director of Public Prosecutions' refusal to bring criminal charges over the death of her son, Malcolm, at the care home in New Lane, Salford, in July, 1998.

Mrs Rowley, of Whimbrel Road, Astley, says the part time care assistant who left him unattended in the bath -- and Salford City Council who managed the home -- should be prosecuted for "gross negligence manslaughter".

An inquest jury in December, 1999 returned a verdict that Malcolm had died an "accidental death to which neglect contributed".

Mrs Rowley's counsel, Mr Murray Hunt told the High Court that the Crown Prosecution Service, on behalf of the DPP, had in February last year ruled that neither the care assistant who had left Malcolm in the bath, nor Salford City Council, should be prosecuted

Mrs Rowley is asking the judges to overturn the DPP's decision and order a reconsideration of whether the care assistant and Salford City Council should be prosecuted over Malcolm's death. The hearing was continuing today.