THE family of a firefighter who died on duty has launched a civil action against his former employers after criticising the Crown Office for taking almost three years to investigate his death.

The mother and sisters of Ewan Williamson, who was killed in a blaze at the Balmoral Bar in Edinburgh on July 12, 2009, claim officials have taken "far too long" to reach a conclusion in the case.

The family has raised an action for undisclosed damages at the Court of Session against his former employers, Lothian and Borders Fire and Rescue, over alleged mistakes made the night Mr Williamson died.

The 35-year-old's mother Linda and sisters Rachel and Rebecca say they hope the action will bring "answers and justice".

A statement on behalf of the family said: "Almost three years have passed since Ewan lost his life. We have waited patiently for the authorities to investigate what happened and either prosecute those they hold responsible or hold a Fatal Accident Inquiry into Ewan's death.

"Despite the passage of time, we still do not know all the facts or why Ewan died. We believe something went wrong that night and we want to know why.

"We had hoped and expected that after all this time and all the investigations carried out by the Health and Safety Executive, the police and an external fire brigade, the Crown Office would have been able to take a decision on how to proceed.

"As matters presently stand, however, we do not know if a decision has even been taken to prosecute anyone for Ewan's death or if a Fatal Accident Inquiry is to be held.

"The night we lost Ewan turned our lives upside down.

"Nothing can ever replace him but we feel we cannot move on until we know what happened to Ewan and any lessons which should be learned and applied from that night are put into practice.

"The justice system is taking far too long."

Mr Williamson died as he helped to rescue 20 people from a fire in the Edinburgh bar. He was killed and another officer was injured when a floor inside the building collapsed.

The Fire Brigades Union (FBU) backed the family. FBU executive council member for Scotland Roddy Robertson said: "The Fire Brigades Union have supported the Williamson family throughout their ordeal. We share their interest in what happened that night and why Ewan died.

"If there are lessons to be learned from Ewan's death then there should not be delays of the sort we have seen here in learning them.

"The Crown Office now needs to reach an early decision on what they are going to do with Ewan's case and we are pressing for that to happen. In the absence of any Fatal Accident Inquiry or prosecution after this length of time, it is necessary for both the Williamson family and the future safety of firefighters that this action is taken."

The civil action comes after an Accounts Commission report revealed Lothian and Borders Fire Service needs to do more to stem its casualty rate, which is the highest in Scotland.

At the same time, it found "a heightened focus on health and safety of firefighters" following the death of Mr Williamson.

The case is being led by Syd Smith from Thompson's solicitors, who said the Crown Office delays were "unacceptable".

He said: "Everybody understands fatal accidents have to be fully and properly investigated but even in difficult or complicated cases it should not take this length of time. The Williamson family has waited long enough for action and answers regarding Ewan's tragic death."

A Lothian and Borders Fire and Rescue spokeswoman said service personnel have completed thousands of hours' worth of interviews with police and the Health and Safety Executive over the past three years.

She added: "We must await the outcome of the legal process to determine what lessons can to be learned from Ewan's death.

"Those lessons will be used to shape how we respond to the continuing challenges of a very difficult job where the balance between protecting others and our own is always at the forefront of our minds."

A Crown Office spokesman said: "This is a highly complex investigation conducted by the Health and Safety Executive and Lothian and Borders Police. A final investigative report has only recently been received by COPFS [Crown Office and Procurator Fiscal Service] from the reporting agencies. The report will now be considered by the Health and Safety Division before a final decision is taken on further proceedings. The family has been kept informed of progress."