Anjanette Rossi and her daughter were among the seven dead

David Main and his eight-year-old son, Toby, won the right to funds for legal representation at the inquest into the crash at Ufton Nervet in Berkshire.

Toby's mother Anjanette Rossi, 38, and sister Louella Main, nine, were among seven people killed in the 2004 crash.

MPs have criticised the government for fighting the legal aid decision.

'Bizarre decision'

Liberal Democrat frontbencher David Heath said the decision by the Department of Constitutional Affairs was "disgraceful".

Conservative Richard Benyon said the department was making "increasingly bizarre decisions".

"They have taken this to judicial review, lost and are now appealing, and it is costing them much more than it would cost to give Mr Main the money," he said, adding that the inquest was being held up for all the victims of the rail crash.

Commons leader Jack Straw said he understood the concerns raised by the MPs and the "distress" caused to the family.

Public interest

He promised to raise the matter with the Lord Chancellor, Lord Falconer, and transport secretary Douglas Alexander.

The government had first denied the Mains' request for legal aid in 2005.

That decision, made by Bridget Prentice, the then Minister for Legal Aid, was quashed at the beginning of April by Mr Justice Owen, who said it was "irrational".

The judicial review had been applied for on the basis that there was a "significant wider public interest" in the family being represented.