THE family of a two-year-old boy who died in a car accident will be consulted over plans by the driver responsible for his death to secure the return of his driving licence.

Stephen Robinson was jailed for two-and-a-half years in December 2002 and banned from driving for five years after he was found guilty of causing death by dangerous driving.

Dylan Taylor, of Northallerton, North Yorkshire, had been strapped in a child seat in the back of a Peugeot 106 car when Robinson's Ford Transit van collided head-on with the vehicle.

Dylan died six days later from his injuries. The accident happened in November 2001, on the A168 Thirsk to Northallerton road, near the Thornton-le-Beans junction.

Robinson, a self-employed plumber, of Dene Grove, Darlington, appeared at Teesside Crown Court yesterday to apply for his disqualification to be lifted.

John Gillette, for the Crown Prosecution Service (CPS), said there had been an administrative error between the CPS and the police and the case file was not available.

He said the victim's family had also not been consulted over the applicant's plans to apply for his licence to be restored two years early.

Mr Gillette said: "There is no CPS file. The victim was a young child and the family have not been approached in relation to their feelings regarding this."

Judge John Walford agreed to adjourn the matter till November 7 so the family could be consulted and the file produced.