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A mother who is still waiting for justice three years after her son died has suffered another setback.

Carolyn Hoare was hoping for a decision from the Crown Prosecution Service over whether anyone would be prosecuted over the death of her son, Matthew.

But her solicitor has now received an email stating that due to illness, the CPS may need to refer the case to another lawyer.

“I feel like I’ve gone through three years of a life sentence,” said Mrs Hoare, of Shalmsford Street, Chartham.

Her son Matthew, 21, died instantly on January 27, 2006, when a 5ft digger tyre he was working on exploded at Hamill Brickworks, near Sandwich.

Matthew was working for Watling Tyres in Sturry Road, Canterbury, and had only been in the job for six months.

Since his death, no criminal prosecutions have been lodged. The family, including older brother Daniel, 27 and sister Jenna, 22, continue to fight for justice.

Joint investigations by Kent Police and the Health and Safety Executive took over two years to complete, before their findings were reported to the CPS.

Mrs Hoare, 49, a foster carer, said: “You cannot get on with your life at all, there can be nothing worse than the loss of a child for a mother.

“I get up everyday, I function, I continue with my job. I’m just on auto pilot basically and I just think that the system has failed me.”

Her solicitor Nick Fairweather received an email last week stating that due to illness, the CPS may need to refer the case to another lawyer. The news will only prolong the family’s wait to bring closure to Matthew’s death.

Lawyer Asker Husain, of the CPS special crime divison, said an initial file was received by the Crown Prosecution on May 19, 2008, but it was necessary to ask the police for further evidence.

"We received confirmation from the police on November 12 that their investigation was complete.

“We are considering the file carefully and have endeavoured to keep the family up to date with developments.

“The reviewing lawyer has been unwell recently but hopes to be able to finalise this matter as soon as possible, or if his health will not allow, the file will be reallocated to a different lawyer.

"We are working conscientiously and as expeditiously as possible to make a decision on whether any charges will be brought."