A DEVASTATED family is to take out a private prosecution against police over the death of a father-of-three.

Paul Wardell, 32, was with his sister Karen Squires and his children Ashley, eight, and Simon, now 12, when a gang attacked him and broke his skull, using baseball bats and martial arts fighting sticks.

The attack, in the street outside his Teesside home, continued even while a terrified Karen was making a 999 call to the police on her mobile telephone.

Cleveland Police charged three youths with violent disorder and one of the trio with assault occasioning actual bodily harm.

All three pleaded not guilty and the Crown Prosecution discontinued the case before it could go to trial stating there was insufficient evidence to proceed.

After the decision by the CPS, the family say Paul suffered nightly attacks on his house in Mansfield, Thornaby, with eggs, stones and bins being thrown at his windows and his house.

He also returned from a holiday to find someone had daubed paint over his front doorstep.

His family claim that on the advice of Cleveland Police, Paul kept a dossier of despair, itemising attacks, the time they happened and even the names of those responsible.

But, they say the police failed to take any action.

Paul was found hanged at his home on Tuesday. An inquest into his death was opened on Thursday.

On Monday his sister Karen went to see a solicitor about suing Cleveland Police.

Said Karen, 35: "I really want something done because it is so unfair." His mother June Marron added: "We have had no justice. The police told him to write everything down and he did - and they did nothing for him.

"He used to be a happy person, but this last year he became very depressed. We always managed to talk him round but it absolutely haunted him."

A spokesman for Cleveland Police said: "A full investigation is being carried out on behalf of the coroner and all the facts will be put before him.''