The death of the St Fergus Primary School pupil caused a public outcry, but it took until the first anniversary of his death last week for the Health and Safety Executive to produce their final report into the tragedy.

The HSE handed over its dossier on the incident to the Procurator Fiscal Service in Dundee on September 30, but a week on there has still been no determination as to what the next step will be.

The procurator fiscal can order criminal proceedings to be brought, call for a Fatal Accident Inquiry to be held, or decide no further action should be taken and the matter should rest.

Luke’s mum, Gail — who marked the anniversary of her son’s death at a memorial service in the city last week — said she was pleased to see the case move forward.

She also said she had been touched by the thoughtfulness of pupils at Luke’s old school, who sent a card to mark the anniversary.

Gail said, “I got a letter from the HSE saying the report had been passed to the procurator fiscal. I’m happy we seem closer to finding out what happened.”

Olympia is operated by Dundee Leisure Trust, an independent body created by Dundee City Council to run the city’s various sports centres.

A spokesperson for the Crown Office told the Tele careful consideration was being given to the HSE report — a document that will not be released into the public domain — before a decision was taken on the next move.

She said, “We can confirm the procurator fiscal at Dundee received a report from the HSE in connection with the death of a seven-year-old boy in Dundee in September, 2007.

“The procurator fiscal remains in liaison with the HSE. Clearly the full facts and circumstances of this case will require to be carefully considered by the procurator fiscal before any decision can be taken on possible further proceedings.

“It is not possible to speculate on possible outcomes or timescales. The procurator fiscal will continue to keep the family informed directly.”