Little Preston, from Aberdeen, died just days before his eighth birthday after becoming engulfed in flames in the street.
He and two other children had been playing with petrol allegedly left unattended in the back of a local authority vehicle.
A police investigation following the incident in April 2014 found no criminality to be involved.
But Preston’s family – mum Luisza Flores, 35, and dad Keith Will, 34 – said they had been left with many unanswered questions surrounding his horrific death and called for a Fatal Accident Inquiry (FAI).
In May last year the Crown Office announced his death would not be the subject of a FAI as it was “satisfied” the circumstances had already been established.
But last night Preston’s anguished dad Keith revealed North East Labour MSP Lewis Macdonald has taken up the family’s case and the Procurator Fiscal’s service is being asked to reconsider Police Scotland evidence.
He said: “We are glad the MSP is helping us and is doing his best to get the Fiscal’s service to go back over what happened.”
Mr Will said he hoped the case would be re-opened on the back of a potential review.
“If that fails I’ll press again for a FAI to be held,” he said.
“How can a child be burned like this on a city street and die as a result without a public inquiry into how and why it happened?
“I’ll not stop until I get the answers my family needs and I will fight for them with my last breath.”
Mr Macdonald has contacted the legal body on behalf of the family. He said: “Preston’s family first contacted me having tried and failed to get any satisfaction.”
And he confirmed: “I’ve asked the Fiscal to reconsider the evidence.”
Last year The Sunday Post exclusively reported their claims they first learned it had been denied in a TV news report.
We also revealed a report criticised Police Scotland over its handling of the aftermath.
It highlighted a number of failings centred on police family liaison, and revealed the force failed to ensure council workers had thoroughly cleaned the pavement where Preston had been burned, distressing his family who claimed to have later found fragments of his skin and clothes.
A Crown Office spokesman said: “Following an investigation by the Scottish Fatalities Investigation Unit, Crown Counsel gave careful consideration to all of the factors involved in this case.
“Crown Counsel were satisfied the cause of the death had been clearly established and there was no basis for an FAI.”
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