TWO years after the fatal playground accident which took their daughter's life a family has accused the nursery where she died of “sweeping the incident under the carpet”.

Rhiya Malin was just two-years-old when she died at Eton Manor Day Nursery, in Roding Lane, Chigwell, in a still not fully explained playground incident.

It is believed her head became stuck in a playhouse causing her to die from a heart attack.

To mark the second anniversary of Rhiya's death, her parents Jay and Shatl Malin together with 15 friends and family members staged a protest outside the nursery which they accuse of ignoring its past.

Shatl Malin, 30, from Chigwell, said: “We were quite surprised to learn when they were due to have their first Ofsted since Rhiya passed away they re-registered. It's the same nursery but because they've re-registered there's no record of our daughter's death in any report.

“We've been spending the last six or seven months asking Ofsted how they can allow the nursery to brush our daughter's death under the carpet. We've not received any correspondence. It's unforgivable as far as we're concerned, and sends out the wrong message.”

The original police investigation into the incident in November 2007 led to to no criminal charges being brought, but this decision is now subject of a judicial review brought by Jay and Shatl.

Mrs Malin said: “At the moment we are appealing the decision made by the CPS not to prosecute. We do want someone at the nursery to acknowledge their failings that day. Right now no-one has been held accountable and we'll keep on till we see a change.

“This year has been very difficult with legal procedures and all the while the nursery still carries on as normal. It's hard for us to find any words to say what we feel. You don't send your child to nursery and expect them never to come home again. You wake up and it's a normal day and then you're called to the hospital to see your daughter and she's already gone. We still suffer from terrible flashbacks.”

A Health and Safety Executive report into the nursery and inquest into Rhiya's death are still on hold pending the results of the judicial review.

A spokeswoman for Eton Manor's owners Casterbridge said: “Casterbridge Care and Education can confirm that 13 nurseries under its ownership, including Eton Manor, were re-registered with Ofsted during 2008.

“This was as a result of the streamlining of the Group, which involved all the nurseries operated by Casterbridge moving to sit under one management company.”

Ofsted are yet to comment on the situation.

To find out more about Jay and Shatl's campaign visit justiceforrhiya.co.uk.