A FORMER mayor who wants the authorities to use health and safety legislation against disgraced surgeon Richard Neale has vowed to fight on after officials ruled out an inquiry.

John Bacon, who was mayor of Northallerton in 1983, believes that the Health and Safety Executive (HSE) should use existing legislation to prosecute the former Friarage Hospital consultant.

He also believes there is scope to take action against hospital bosses who hired the surgeon.

In his view, the surgeon and his employers broke health and safety rules by operating in a way which led to hundreds of women being injured.

The decision by the director of the Health and Safety Executive in Yorkshire and the North-East means that, apart from being struck off by the General Medical Council, no other sanctions have been taken against Mr Neale or his employers.

It follows an 18-month investigation by North Yorkshire Police, which concluded there was no basis for any criminal prosecution of Mr Neale.

Angered by the decision, Mr Bacon said the ruling left NHS patients unprotected.

Mr Bacon, who has written to the Health and Safety Executive urging officials to reconsider, said: "A doctor can now ignore accepted medical procedure, perform operations without consent, attempt experimental surgery for which he has neither training or permission, leave his patients disabled, in pain and distress - and there is no current criminal sanction."

He said the Neale case represents "the worst type of management cover-up I have ever seen. Yet no one is being held to account."

Graham Maloney, advisor to the 250-strong action group of former Neale patients, who had a similar request turned down, said the Health and Safety Executive's policy was 'absolute nonsense.'

In the letter, the executive's regional director Chris Wilby, said there would be 'significant obstacles' in taking enforcement action and it would 'not be an effective use of HSE resources.'