THE mum of a 12-year-old boy who was killed while walking on the M62 after his drunk dad crashed their car has won compensation after her application was initially rejected.
Callum Rycroft was struck by a car as he tried to cross the motorway last August with his father Matthew Rycroft, who continued walking without looking back for his son.
His dad, who was found hiding in a bush around 400 yards away, was jailed for 10 years after pleading guilty to manslaughter, dangerous driving, and failing to provide a specimen.
Callum’s heartbroken mum Claire Bancroft applied to the Criminal Injuries Compensation Authority (CICA) for funds to help cover funeral expenses and counselling.
She hoped to create a memorial to Callum, but the Government body, that oversees the scheme designed to compensate victims of crime, twice rejected her application.
It claimed Claire, of Leeds, was not entitled to compensation because the nature of Callum’s death was not violent.
But a tribunal has now ruled violence was a factor after she appealed the decision, meaning she is now eligible for a payout - the figure of which is yet to be agreed.
The decision has set a precedent defining what an act of violence is under the scheme, potentially allowing more people access to justice, lawyers say.
Speaking publicly for the first time since Callum's death, Claire 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 to 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.”
Rycroft had visited his parents in Huddersfield with Callum on August 5, 2023, and had been drinking throughout the day.
His parents begged him not to drive home but he ignored them and 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.
Sarah Brumpton, a specialist lawyer at Irwin Mitchell, which represented Claire, said: “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.”
The Telegraph & Argus contacted the Ministry of Justice, which oversees the CICA scheme, but did not receive a response.
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