Pearl Black was 22 months old when she died
By Shelley Phelps
BBC News
The parents of a child killed by a runaway car have told of their anguish over a “loophole” in the law which means some driving offences do not apply on private land.
Pearl Black died in 2017 after Andrew Williams failed to properly apply the handbrake on his Range Rover.
This resulted in the empty vehicle rolling downhill from a driveway and knocking a wall on to her.
No criminal proceedings have been brought against Mr Williams.
The Merthyr Tydfil family’s local MP, Gerald Jones, is trying to get a law change through Parliament to extend careless and dangerous driving offences to cover private land next to roads.
The UK government said its thoughts were with Pearl’s family, and that existing laws were always kept under review.
Pearl’s father, Paul Black, and brother Ace were also injured. They had been on their way to the park.
Mr Black, who was a contestant on The Voice, said losing Pearl had ruined their lives.
“There’s no words to describe how some days it makes me feel,” says Pearl’s father
“There’s no words to describe how some days it makes me feel,” he said.
Pearl’s mother, Gemma Black, said her daughter’s death “impacts everything”.
“Things you used to look forward to, happy times, are now tinged with sadness.
“The kids love Christmas and it’s great to see them, but it’s always on your mind – there’s one missing.”
Mr Black said she believed current road traffic laws were not fit for purpose, describing some as neglectful and in need of “dragging completely up to date”.
The couple said their spirits were lifted when their MP raised their calls for change with Rishi Sunak during prime minister’s questions in November.
“After all of the years of nothing happening, then all of a sudden the prime minister’s saying Pearl’s name on the television,” said Ms Black.
But a promised meeting with ministers has yet to take place.
Image source, Wales News Service
Speaking after Pearl’s inquest took place at Pontypridd Coroner’s Court, the family said there was “a void in our lives that can never, ever be filled”
The Blacks said that while it was too late to make a difference in their case, they want to see the introduction of Pearl’s Law so no-one else has to go through what they have.
“Hopefully this never happens to anybody again but if it did then hopefully other families wouldn’t be so utterly let down by the justice system as we have been,” said Ms Black.
Mr Black added: “It’s a stroke of a pen, for the legacy of such a beautiful child.”
Labour MP Mr Jones is trying to get measures added to the criminal justice bill going through Parliament to resolve what he said was an “anomaly”.
His proposed amendment, which has cross-party support, would extend the Road Traffic Act 1988 so that a range of driving offences covering a road or public place would also apply to private land adjacent to roads.
“It could be drives, it could be verges, it could be lots of areas that are adjacent to the highway but not necessarily public highway,” said Mr Jones.
A CPS spokesperson said: “This was a deeply tragic case and our thoughts remain with Pearl’s family.
“We reviewed the evidence very carefully and considered three different potential charges, but ultimately we must apply the law and in this instance there was not enough evidence to bring a prosecution – a decision which was backed by an internal review of the case.”
A legal framework is in place for accidents that take place on private land.
In such circumstances, a victim may be able to make a civil claim for compensation.
Prosecutions might also, in some circumstances, be brought under health and safety legislation and, in extreme cases, for other criminal law offences such as gross negligence manslaughter.
A spokesperson for the Department of Transport said: “The government recognises the impact of dangerous driving wherever it occurs, and we always keep existing law under review to ensure our communities remain safe.”
