THE Home Office and Roman Catholic Church are appealing against a York abuse victim's landmark legal victory.

Kevin Young was allowed by a judge last autumn to press ahead with suing the two organisations over alleged abuse at two children's homes, including one near Tadcaster.

But the decision, which could pave the way for thousands of other abuse victims to sue for compensation, will be overturned if the Government and church succeed at a Court of Appeal hearing later this year.

Their appeal is based on the 1980 Limitation Act, under which claims for compensation need to be lodged within three years of an incident.

Mr Young, 45, successfully argued at Leeds County Court that he had been so badly affected psychologically by assaults that he had not fully realised the significance of any injury until much later.

His solicitor, David Greenwood, argued there was provision in the Act to allow people to pursue claims from a "date of knowledge".

Lawyers for Catholic Care, in the Diocese of Leeds, say in their skeleton argument to the Court of Appeal that the case raised important questions about the proper approach to limitation in abuse cases, and argue that the judge reached the wrong conclusions.

But Mr Young said he was winning growing support from senior MPs for a change in the limitations law in abuse cases.

York MP Hugh Bayley told him he had written to the then Minister for Constitutional Affairs, David Lammy, to support such changes, which had been recommended by the Law Commission several years before.

Mr Bayley has now written to Mr Lammy's successor, Bridget Prentice, to find what progress has been made in implementing the Law Commission's recommendations.

The MP said in his letter to the minister that the Government had accepted the recommendations in principle in July 2002, and that he understood legislation would be introduced when a "suitable legislative opportunity arises."

Mr Young, who works for Survivors North East, was abused by Neville Husband while he was serving a short sentence at Medomsley Detention Centre in the north-east in 1977 for burglary and handling stolen goods. Husband was jailed in 2003.

Mr Young's claim against Catholic Care, of the church's Leeds diocese, is based on allegations he was abused while staying in the 1970s at St Camillus, a children's home at Scarthingwell, near Tadcaster, for which the church had responsibility.

He said his aim in taking on the case is not just about winning damages, but to establish the Statute of Limitations should not be allowed to prevent victims of child abuse seeking damages later on in their lives.

Updated: 09:42 Wednesday, March 08, 2006