Claiming compensation for a child
Last updated · By Mustafa Bilgic
Children's claims work differently
Children are injured in the same ways as adults — road accidents, accidents at school, sport, public places — and they have the same right to compensation. But because a child cannot conduct litigation or give a binding legal consent, the process has important safeguards built around them. These protect the child's interests at every stage, from who runs the claim to what happens to the money.
The litigation friend
A claim for a child is brought by a litigation friend — an adult, almost always a parent or guardian, who makes decisions and gives instructions on the child's behalf. The litigation friend must act in the child's best interests and have no conflict of interest with them. They do not become personally liable for the child's costs in the normal way.
How the injury is valued
Valuation follows the usual method — general damages from the Judicial College Guidelines plus special damages — but children's claims have particular features: injuries are assessed with their long-term development in mind, and a child is judged more leniently on any contributory negligence, by the standard of a reasonable child of the same age.
Court approval — the infant approval hearing
This is the big difference. A settlement of a child's claim is not valid until a court approves it. At an "infant (or child) approval hearing", a judge reviews the proposed settlement — usually with counsel's advice on its adequacy — to make sure it is fair and in the child's best interests. The court can approve, or refuse and require renegotiation. This protects the child from being under-settled by an adult, however well-meaning.
Protecting the money until 18
Once approved, a child's compensation is normally not simply handed over. It is usually paid into the Court Funds Office and invested on the child's behalf until they turn 18, when they receive it. The litigation friend can apply for releases from the fund for specific needs that benefit the child in the meantime (for example, equipment or treatment). For very large or lifelong-injury awards, a personal injury trust or other structured arrangement may be used.
| Feature | How it works |
|---|---|
| Who runs it | A litigation friend (usually a parent) |
| Settlement | Must be approved by a court |
| The money | Held/invested until age 18 (Court Funds Office) |
| Time limit | Three years runs from the 18th birthday |
For the underlying method and the components of the award, see what is a personal injury claim and how compensation is calculated.
Protecting a child's compensation: trusts and the Court Funds Office
For most children's awards the money is held by the Court Funds Office and invested until the child turns 18. For very large awards — typically following a serious or lifelong injury — a personal injury trust or, where the child lacks capacity into adulthood, a deputyship may be put in place so the funds are managed properly and do not jeopardise means-tested support. The litigation friend can apply for sums to be released for the child's benefit in the meantime, such as for equipment, therapy or education.
Adults who lack capacity
Similar protections apply to "protected parties" — adults who lack the mental capacity to conduct litigation, for example after a severe brain injury. Their claim is also run by a litigation friend, any settlement must be approved by the court, and the compensation is managed on their behalf, often by a court-appointed deputy. Crucially, for someone who lacks capacity there is no limitation deadline while the incapacity continues. For the general rules, see claim time limits and what is a personal injury claim.
Frequently asked questions
Who can claim compensation on behalf of a child?
An adult acting as the child's "litigation friend" — almost always a parent or guardian — brings and runs the claim on the child's behalf. The litigation friend must act in the child's best interests and have no conflict of interest with them. The child themselves cannot conduct the claim or give binding legal consent while under 18.
Why does a child's settlement need court approval?
To protect the child. A judge reviews the proposed settlement at an "infant approval hearing", usually with counsel's advice, to confirm it is fair and in the child's best interests before it becomes binding. This prevents a child from being under-settled by an adult, and the court can refuse a settlement it considers too low.
What is the time limit for a child injury claim?
The usual three-year limit does not start running until the child turns 18, so they can generally claim up to the age of 21. Parents often bring the claim much earlier while evidence is fresh, but the extended deadline is an important safeguard. Different rules apply for children who also lack mental capacity.