A pensioner will visit the grave of his grandson this weekend to tell him: "You will be remembered for ever."

Grandfather James Sweeney, 72, visits four-year-old John Smith's grave in Hove once a week and gives him progress reports on a campaign to change the law.

John had 54 injuries on his body when he died and experts testified he was probably murdered.

His adoptive parents Simon and Michelle McWilliam, of Southwick, were charged with murder but the case collapsed because it could not be proved which of the pair had caused John's death.

They were eventually jailed for eight years each in 2001 for cruelty to the youngster.

The Argus has been campaigning for three years for a change in the law to close the loophole.

Yesterday the Law Commission recommended a new law of aggravated child cruelty.

The offence would make both carers culpable and they could be jailed for a maximum 14 years.

Mr Sweeney, of Haliburton Road, Hove, welcomed the news: "This is brilliant. I'm as pleased as punch.

"I visit John every week and I'll see him this weekend to tell him.

"If the law comes in, it means something has come from his death and he will be remembered forever."

John's case and many like it have led to the proposed changes.

One case involved a Brighton couple cleared of murdering three babies because of the same loophole.

Experts testified the babies had probably been smothered but the trial collapsed in 2000.

The pair were later jailed for cruelty.

The Argus campaign included meetings with successive Home Secretaries, Jack Straw and David Blunkett.

The Law Commission's new law would allow more than one parent, guardian or carer to be charged.

It would have to be proved the child's death was as a result of neglect or cruelty and that the child was in the care of the defendant.

At present, less than half of cases where a parent or carer is suspected of killing a child result in a charge. Even fewer convictions are secured.

Last year a working group was established by the NSPCC to investigate the loophole.

Under Judge Isobel Plumstead the group examined research from 40 police forces.

It revealed between 1998 and the end of 2000, criminal investigations were concluded into deaths or serious injuries inflicted on 366 children under ten.

Only 141 reached court and, of those, 99 led to a conviction, meaning 62 per cent of investigations did not lead to a charge at all.

The conviction rate for adult murders is about 90 per cent.

Judge Plumstead said: "It is a much more widespread problem than I imagine most judges, prosecutors or police officers had realised."