The Ufton Nervet crash prompted a father's campaign for belts

Anjanette Rossi, 38, and her daughter Louella Main, nine, were among seven people who died when a train hit a car at Ufton Nervet in Berkshire in 2004.

The victim's son Toby Main and her partner David Main were denied legal aid at an inquest in 2005.

Michael Fordham QC asked a judge in London to rule the decision as illegal.

'Human tragedy'

That decision was made by Bridget Prentice, the then Minister for Legal Aid.

Mr Fordham said on Monday: "Out of that human tragedy comes the straightforward and obvious human desire... for an open investigation in which you can have a voice, and an independent, investigative adjudicator will look at the question: Was this avoidable?"

Mr Fordham told Mr Justice Owen other questions raised were "how did it come to be that passengers were thrown out of the windows of the carriage, which were not laminated?"

Mr Fordham argued it was vital for Toby, who was at school on Monday, to be represented at the inquest.

Sick leave

The 12-day inquest had been due to start in Winchester, Hampshire, in October 2005, but was adjourned so Toby could launch today's legal challenge.

All five passengers who died in the level crossing crash were thrown out of the windows of the carriages.

Mr Fordham contends that lives might have been saved if there had been a warning system in place to alert the train driver, or the carriage windows had been laminated.

Mr Main had applied for legal aid, saying he could not afford legal representation as he had been on sick leave and his outgoings exceeded his income.

The case continues.