THE family of a disabled man who died after falling down stairs while being looked after by carers have told how they are battling to find out how the tragedy happened.

John Bissland, who had condition called hydrocephalus - which causes a build-up of fluid in the brain - and a learning disability, was on a trip to an indoor bowling club in September 2012 when he opened a door to a cellar and fell down a steep flight of stairs. He died a few days later in hospital at the age of 53.

His brother Tom Bissland said it came weeks after his family had raised concerns about how he was being looked after by workers from Airdrie Locality, run by North Lanarkshire Council social work department, after he fell twice.

Two years on, he said they are no clearer as to how the fatal fall happened and are now considering legal action against the council after a fatal accident inquiry was ruled out.

The Bisslands have received support from their local MSP Alex Neil, who said they had been "badly let down" and need answers to what happened.

Last week the Sunday Herald told how the family of Stephen Armstrong, who had a learning disability, had battled for years to get an investigation into his death.

Armstrong 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.

His sister Katherine Alexander is backing 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.

Tom Bissland said his brother's condition meant he sometimes had difficulty walking and keeping his balance.

"John had been handicapped from birth - he had hydrocephalus - which caused a large head - and he had learning disabilities," he said. "If he looked down at his feet, he tipped forward, so he was unbalanced quite often, but you just had to take his arm and he was fine.

"A few months before his death, John fell twice while with Airdrie Locality. So my mother spoke to the manager and she said he wouldn't be going back because they weren't looking after him.

"She was assured that... definitely somebody would take his arm, whenever he was walking about or whatever."

Bissland said he was not happy with the investigations which had been carried out by the council and the procurator fiscal following his brother's death. He said he still could not understand why a carer did not stop his brother - who walked "very slowly" - from going through the door.

"John was not capable of looking after himself - he was there to be looked after and obviously they haven't," he said. "John could talk and he could walk about a wee bit, but John could not go out the door himself."

He added: "My mother is 74 and she looked after John her whole life - she is saying they are just forgetting about it, it is just getting swept under the carpet.

"She was devastated, especially as she was assured they would look after him.

"But the next phone call you get he is lying in the hospital.

"The worst of the whole thing is we still don't know what happened."

Bissland said he would support plans to introduce a statutory "duty of candour", which would apply to all health and social care organisations, ranging from home care services to dental practices.

He said: "Surely the family should be first to know what has happened?"

Alex Neil, SNP MSP for Airdrie and Shotts, said: "There had been previous incidents and one of the reasons why Mrs Bissland had been very reluctant to put him back in the hands of social workers was she believed there had been negligence in the past.

"The circumstances surrounding this have not been made clear at all and I do not understand why there is not a fatal accident inquiry,

"My view is that this family have been badly let down - it was a terrible tragedy and they need answers as to what happened."

Bobby Miller, head of community care with North Lanarkshire Council said: "This was a tragic accident and subject to a full Health and Safety Executive and police investigation.

"Everyone was devastated when John died; he was well known and popular with both our staff and other service users.

"As a council, we provided all available, relevant information to John's family, the police and Health and Safety Executive in relation to the case."

A spokesman for the Crown Office said: "This tragic accident was fully investigated by the Health and Safety Executive and by the Procurator Fiscal. The results of the investigations were considered by independent Crown Counsel who considered that there was no basis for a Fatal Accident Inquiry.

"The results of the investigations and the decision not to hold a Fatal Accident Inquiry were fully explained to the next of kin both in writing and in person.

"We would be happy to meet the family again if there are any outstanding questions."