STEPHEN Horne is angry almost beyond words at sentences handed down to thugs who kicked his son almost to death.

And both he and his wife Chris believe that a deal struck between lawyers while they were away on a brief holiday is the reason for the "unbelievable" outcome of the case.

For the three men who faced court after the horrific attack on Simon Horne (24) in his own driveway in Newland, near Coleford, walked away with only community service and compensation orders when sentenced last week.

Simon's father and mother are sending a formal protest to the Crown Prosecution Service about the case and consulting their solicitor about a private prosecution. They say they may also be able to bring a case through the insurance company covering Oak House Trust, a centre for learning disabled people where they live and work and where Simon is also employed.

"But we are not interested in financial recompense – we want justice," said Simon's father, who took over management of the home from his own father when he retired 15 years ago.

"We were told we had an extremely strong case by the arresting officer and the police barrister to bring a Section 18 charge of wounding with intent, and it was decided to press this.

"We were asked by the accused's solicitor if we would drop the charge to Grievous Bodily Harm, a lesser Section 20 offence, but we said no and the police backed us on this.

"Shortly after Christmas we took a brief holiday abroad which is difficult to manage in the care industry but when we came back we were amazed to learn that the case had been heard.

"Nobody had notified us that the trial was coming up and they had not even bothered to inform the arresting officer. And we were even more shocked to learn that the charge had been reduced to a Section 20 offence.

"Apparently the prosecuting lawyer in charge of the case at the trial was not the one we had been dealing with and he had agreed to a deal in return for guilty pleas.

"Even so the judge said he took the fact that Simon had been kicked in the face repeatedly very seriously."

It was when the sentences were announced on Friday that Mr Horne's anger really burst.

"It's a joke," he said. "Robert Merry, the ringleader, even got the community service order made out at his own football club – he'd be there anyway."

He is full of praise for the detective who worked on the case, Chris Thorley of Cinderford CID, but disappointed that the many hours of police work which went into the investigation has been wasted.

"They were laughing when they left court," said Mr Horne. "We were left feeling as if we were the criminals. The sentences make me feel I have let Simon down."

He added that he and his wife were also seeing the Forest's MP Diana Organ about the case.

•Area spokesman for the Crown Prosecution Service Hayden Thomas said he had been unable to contact the prosecution barrister who had conducted the case in January.

However, he said the decision to proceed with Section 20 charges was "a decision which must have seemed appropriate on the day".

He said that if Mr Horne had any concern whatsoever about the decision he should contact the CPS in Gloucester or himself. The CPS was "very anxious" to make sure that its decisions were fully explained.