A GRANTHAM man who lost his wife and two of his children in the January floods has claimed that police are preparing to charge him with the death of his family.

Danny McGuire, a volunteer fire fighter, has told ABC radio that police have told him that they are preparing to charge him with driving an emergency vehicle causing death and driving an emergency vehicle while unlicensed.

It is understood Mr McGuire is required to present to Grantham police station this morning.

But Queensland police told they are unaware of plans to charge him, but said he could be prosecuted for unlicensed driving.

In a statement the police said: "The QPS is currently not aware of any information that would lead to charges against this man relating to the death of his wife and children".

Mr McGuire's father Bevan Jibson has told The Courier Mail Danny told him last night that police told him he would be charged.

Mr McGuire has reportedly engaged a Brisbane-based lawyer.

Mr McGuire had been helping others reach safety in his rural fire truck when his own family was taken in the flash flood on January 10.

His wife Llync, 31, eldest son Garry, 12 and daughter Jocelyn, 5, drowned inside the truck after they became trapped when an 8m-high wall of water engulfed the Lockyer Valley community.

Another son, Zach, 7, survived.

Mr McGuire was swept from the truck by the force of the water, just moments after lifting Zach to safety up a tree.

The McGuires' home and everything in it was also destroyed.

A police spokesman said no charges had been laid.

He also said police could not comment on if any charges could possibly be laid.

Police Minister Neil Roberts said although he sympathised with Mr McGuire's plight, he had to let the justice process take its course.

"We really do need to wait and see what the facts and circumstances are,'' Mr Roberts said.

Mr Roberts said there were provisions in the legislation to recognise special circumstances such as emergencies.

"A court will take into account all the circumstances, if in fact the matter does go to court,'' Mr Roberts said.

"Any matter that goes before the court, mitigating circumstances are considered.

''(I) feel for Mr McGuire on the basis of the tragic loss of his family and the tragic circumstances at Grantham but beyond that I really do need to allow the police to follow whatever course of action they feel is appropriate.''

Originally published as No plans to charge flood dad, say police