AN IRVINE family say they are being forced to move home after their five-year-old son was allegedly sexually assaulted by a thirteen-year-old boy.

The family said it was impossible to get on with their lives with the alleged perpetrator still living in the same street.

The five-year-old's mother told the Times that her family feel 'let down' by the justice system after the teenager, who can't be named for legal reasons, had his case passed to the Scottish Children’s Reporters Administration.

She added that they are now in the process of moving out of the area in fear for their boy.

The alleged assault reportedly took place in a secluded area of Irvine last month.

The mum also criticised the fact that the alleged perpetrator is still living 100 yards from her home.

She said: “It’s not the right way to handle this. What about my son’s human rights and justice?

“How do we get on with our lives when this boy lives 100-yards from our house? We don’t know where else to turn. We deserve justice and can’t live in this place. 

“The situation is not fair on us or our neighbours. He should be safe and be able to go out to play.”

The mum told us that she was in her house as she watched her son playing in the street.

She said she took her eyes of the window for just a few seconds. Finding he was gone she began a frantic search before allegedly finding him with the 13-year-old.

Police Scotland spokesperson said: “At around 9.30pm on Sunday, May 13 police were called to a report of a five-year-old boy having been subject of a serious sexual assault in Irvine.

“Police attended and following enquiries a 13-year-old boy was the subject of a report to the Procurator Fiscal.”

A spokesperson for the Scottish Children’s Reporter Administration (SCRA) said: “We do not comment on individual cases.”