FOR years, Katherine Alexander battled for an investigation into the circumstances surrounding her brother's tragic death.

Stephen Armstrong, who had a learning disability, was being looked after at home by carers, provided by the council, when he fell down the stairs after being left unsupervised while sedated.

He suffered a spinal injury, leading to complications which caused his death in 2013 at the age of 50.

It was not the only shocking incident which happened to Armstrong during his life. A carer was convicted of wilful neglect after leaving him sitting in a car in freezing temperatures in winter.

His sister also has concerns that doctors failed to diagnose his spinal injury complications in time to prevent his death.

She has now backed new plans to make health and social care organisations legally obliged to be open and honest with patients and family members when care goes wrong.

Learning disability charity Enable Scotland has also said it wants to see Scottish Government's proposals for the new statutory "duty of candour" developed in the coming months.

It is part of a UK-effort to address the cover-up of abuse and neglect of NHS patients, which was highlighted after the inquiry into the deaths of up to 1200 patients at two Mid-Staffordshire hospitals.

Any new legislation would also apply to all health and social care organisations, ranging from home care services to dental practices.

Alexander, of Lochgoilhead, Argyll, said introducing a duty of candour would be a "line in the sand of honesty".

She is currently waiting on the outcome of a significant case review (SCR) looking at the incident which led to her brother's paralysis and his subsequent death.

It was ordered by South Lanarkshire Council - but only after calls by regulatory bodies the Care Inspectorate and the Scottish Public Services Ombudsman (SPSO).

"It took me years for people to admit there had been failings in Stephen's case," Alexander said. "I am now hoping the SCR will detail the care failures, that I will have a clear understanding of the care failures and why they happened and also understand what they are doing about them to make sure they don't happen to anyone else."

She said: "The investigations that are going on now and the report that is due now, six years after the event, is what should have been done at the time. I shouldn't have had to battle for it.

"Most people like Stephen have nobody to battle for them and it seems to me there is a culture of accepting failings."

Her brother's condition meant he was profoundly deaf, could only communicate through a mixture of sign language and noise and that he was often "hyperactive".

In December 2008, he fell down the stairs after being left unsupervised and heavily sedated while being looked after in his home by a carer sub-contracted by South Lanarkshire Council. The spinal injury he suffered left him paralysed.

A carer was convicted of wilful neglect after repeatedly leaving him sitting in her car in freezing temperatures in the winter of 2010. Wilma Goodbrand was subsequently sentenced to a maximum community payback order sentence of 300 hours unpaid work.

When Armstrong was admitted to Hairmyres Hospital with a fever in April 2013, his sister claims doctors failed to initially spot he was suffering from urinary sepsis, a common but potentially fatal blood poisoning complication in spinal injury patients.

Alexander, an ex-nurse, also said she had not been told informed of changes in his condition and staff failed to follow policies to safeguard patients with learning difficulties.

"When I arrived at the hospital I started shouting the place down - because he has got a learning disability no-one could be bothered looking at him," she said.

Her brother died three days after being admitted to hospital. A subsequent investigation by the SPSO recommended the health board apologise for failures in communication and remind staff of best practice policies.

Alexander said his death came at a time when he was enjoying living in his own home after spending 30 years in institutional care.

"In 2003 he came into his own tenancy in East Kilbride and he totally thrived with 24/7 care," she said.

"He went from not being able to do very much in the community to being able to do everything, he was getting on trains and buses with carers, he was going to all sorts of things. He was really thriving ... Stephen enjoyed being out in the community. In the months before he died, he had been to the circus, he loved coffee shops, and he had a brilliant team of carers that took him everywhere."

She said she had concerns that people with learning disabilities were treated like "second-class citizens".

"People only see the learning disability and see what they can't do and make decisions based on that," she said.

A spokeswoman for Enable Scotland said: "We cannot comment on the detail of this particular case, but look forward to the publication of the [SCR] report so that, in line with the family's own wishes, lessons can be shared across the social care sector.

"Any steps that can be taken to improve safeguarding arrangements for vulnerable adults are very welcome.

"The Scottish Government is currently considering plans to bring forward a new statutory duty of candour in health and social care services to create more transparency and accountability for individuals and families where an incident does occur."

The spokeswoman also highlighted plans to introduce a new offence of wilful neglect or ill-treatment- which already applies to adults with incapacity and mental health patients - across all health and social care settings.

She added: "Enable Scotland has responded positively to these proposals, and hopes to work with the Scottish Government and other stakeholders to develop them further in the coming months."

The Scottish Government said the responses to consultations on both issues were currently being analysed.

A spokeswoman for South Lanarkshire Council said: "The SCR is an independent process looking at multi-agency approaches to the care and support provided to Stephen.

"The current position is that a report is being prepared by independent reviewers for the adult protection committee and chief officer public protection committees for the consideration of all the agencies concerned in the care and treatment of Stephen. The dates for meetings are to be confirmed."

She added: "The council would emphasise that all the circumstances surrounding Stephen's original tragic accident in 2008 have been fully investigated.

"Since Stephen's accident until his death there have been many multi-agency investigations, including those by the police, the health and safety executive, the Mental Welfare Commission, the Care Inspectorate, and SPSO.

"Throughout this time Stephen and Mrs Alexander received the council's full support."

Rosemary Lyness, NHS Lanarkshire executive director for nursing, midwifery and allied health professions, said: "We appreciate that this must have been a stressful process for the family and our thoughts go out to them."

She added the board had participated in the significant case review and it would be inappropriate to comment further before this had been completed.