27.11.2024 - Mum Of Boy Killed On M62 Wins Legal Challenge Against Decision To Refuse Her Compensation Over ...

27.11.2024

Lawyers Successfully Challenge CICA Decision Not To Award Funds To Callum Rycroft's Mum

The mum of a 12-year-old boy killed on the M62 has won a legal challenge after being refused compensation in connection with her son's death.

Callum Rycroft was fatally injured when a car crashed into him as he attempted to cross the motorway near Hartshead Moor services between Huddersfield and Bradford.

Callum had ended up on the carriageway after his dad, who had been drinking alcohol, crashed an Audi Q5, overturning the vehicle.

The youngster was forced to walk along the motorway by his dad. As Callum attempted to cross back from the central reservation he was hit by a vehicle. His dad, Matthew Rycroft, continued walking without looking back for his son.

He was found hiding in a bush around 400 yards away.

Rycroft, then aged 37, was jailed for 10 years in November 2023 after previously pleading guilty to manslaughter, dangerous driving, and failing to provide a specimen.

Callum's mum initially denied CICA funds

Following the incident, Callum's mum Claire Bancroft, of Leeds, applied to the Criminal Injuries Compensation Authority (CICA) for funds, including to help cover funeral expenses and help her family access some of the specialist support, such as counselling, they require. Claire also hoped to create a memorial to Callum.

However, the government body, which oversees the scheme designed to compensate victims of crime, twice rejected her application. It claimed Claire was not entitled to compensation because the nature of Callum's death was not violent.

Claire asks lawyers for help after second application rejected

Following the second rejection, Claire instructed specialist lawyers at Irwin Mitchell to appeal the decision on her behalf. Following legal submissions by Irwin Mitchell's specialist advocacy team, a tribunal has ruled violence was a factor. The decision means Claire will now be eligible for a yet to be agreed amount of compensation.

Legal ruling defining an act of violence will help more families

The decision has also set a precedent defining what an act of violence is under the scheme, potentially allowing more people access to justice, Irwin Mitchell said.

Sarah Brumpton is the specialist CICA lawyer at Irwin Mitchell representing Claire.

Expert Opinion

"Understandably Claire remains devastated by Callum's death and the tragic circumstances surrounding it.

"She hoped that an award from CICA would at least allow her to access the specialist support she requires to try and rebuild her life.

"However, the decision to reject her award, we believe was not only unjust, but also added to the hurt and pain she's been through.

"While CICA tried to argue that Callum's dad abandoning him on the motorway should be considered in isolation, we argued that the entire sequence of events that led to Callum losing his life should be considered.

"Callum hadn't found himself in the middle of a busy motorway by choice. He had been shouted and sworn at and manhandled. He was forced to walk up the motorway and in phone calls to his grandparents, mum and police, Callum could be heard telling his dad to get off him.

"What happened was violent in its very nature and we're pleased that the tribunal recognised this.

"Not only is the decision a victory for Claire but crucially it clarifies a key area of the CICA scheme. The case will change the way CICA defines a crime of violence and will hopefully prevent other families having to experience further heartache as Claire did by applications being rejected." Sarah Brumpton

Callum's story

Rycroft had visited his parents in Huddersfield with Callum on 5 August, 2023, and had been drinking throughout the day. His parents begged him not to drive home but he ignored them.

Just over half an hour after setting off Rycroft crashed on a slip road near Hartshead Moor.

Callum called his mum to tell her about the crash. He said his dad had told him to run down the motorway.

The pair walked for around 15 minutes as cars passed them at 70mph. They then crossed to the central reservation, where they walked for about a minute before attempting to cross back.

Callum, who had no speed awareness due to his autism, was struck by a car. He died at the scene.

Claire's heartbreak over Callum's death as she pays tribute to son

Claire, who separated from her husband following Callum' death, said: "It remains almost impossible to find the words to describe the anger, hurt and pain our family feel over his death.

"When Callum left home that day I never thought for a moment that he wouldn't return home. It was only because of the selfish actions and behaviour of his dad that he didn't.

"Callum was a lovely boy with his entire future ahead of him. My heart breaks when I think about how scared and frightened he must have been in those final moments.

"Our family will never be the same again without Callum. We all adored him and his death has left a huge void in our lives that we'll never be able to replace.

"The original decision by CICA just added the tremendous pain we wake with each day. This isn't about money but trying to support my family so we can remember Callum but also so we can try and start the process of attempting to come to terms with Callum's death.

"Nothing will ever compensate us for Callum's loss, but I'm pleased that the tribunal has seen sense. My focus is now on trying to repair our family as much as I can."

Sila Akin at Irwin Mitchell's advocacy team led the legal challenge against CICA's decision.

Find out more about Irwin Mitchell's expertise in supporting people access funding from CICA at our dedicated criminal injuries compensation section. Alternatively, to speak to an expert contact us or call 0370 1500 100.

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