Children’s Personal Injury Claims Explained — UK Guide
Children can bring a personal injury claim in the UK just as adults can — but the process works differently at almost every stage. A child cannot conduct legal proceedings themselves, any settlement must be approved by a court even where everyone agrees on the figure, and the usual three-year time limit does not start running until the child turns 18. These protections exist because the law recognises that children cannot make, or fairly negotiate, decisions about their own compensation.
In this guide
- Why Children’s Claims Work Differently
- The Litigation Friend
- Time Limits — Extended Until the 18th Birthday
- Court Approval of Settlements — “Infant Approval Hearings”
- How Compensation for a Child Is Protected
- Contributory Negligence and Children
- Common Types of Children’s Claims
- No Win No Fee Children’s Claims
- Common Questions About Children’s Claims
- Related Guides
- Our Partner's Fees Explained
- Check If You Could Claim Compensation For Your Injury
This guide explains how a children’s claim actually works — from the litigation friend who conducts the case, through the court approval hearing, to how the money is protected until the child is old enough to manage it themselves.
Why Children’s Claims Work Differently
A child under 18 has no legal capacity to bring or defend a claim on their own behalf. Every children’s claim therefore needs a litigation friend, and every settlement — however small, and even where liability and value are not in dispute — must be approved by the court before it becomes binding. These are not optional formalities; they are built into the Civil Procedure Rules specifically to protect children from an unfair or premature settlement.
The Litigation Friend
Under CPR Part 21, a litigation friend must conduct the proceedings on a child’s behalf unless the court makes a specific order allowing an older child to conduct the case themselves (rare in practice). The litigation friend is usually a parent or guardian, though any suitable adult can act provided they:
- Can fairly and competently conduct the proceedings on the child’s behalf
- Have no interest that conflicts with the child’s interest
- Undertake to pay any costs the child might be ordered to pay, though this is recoverable from the child’s damages in most cases
The litigation friend gives instructions to the solicitor, receives advice, and ultimately decides whether to accept a settlement offer — subject to the court’s approval. The litigation friend’s appointment automatically ends when the child turns 18, at which point the young person (now an adult) can continue the case themselves if it is still ongoing.
Time Limits — Extended Until the 18th Birthday
For most adults, the standard personal injury time limit is three years from the accident (or date of knowledge). For children, Section 28 of the Limitation Act 1980 changes this completely: the three-year clock simply does not start running while the claimant is under a legal “disability” — which includes being a minor. This means:
- A child injured at any age has until their 21st birthday to bring a personal injury claim — three years from the date they turn 18
- A claim can be started on the child’s behalf at any point before that, and most solicitors recommend starting well before the child turns 18 so that evidence is preserved and the claim can be resolved sooner
- There is no requirement to wait until the child is older — a litigation friend can bring the claim immediately after the accident
One important exception: claims to the Criminal Injuries Compensation Authority (CICA) for injuries caused by violent crime generally have a two-year time limit that, for a child, runs from their 18th birthday rather than the date of the incident — a shorter window than the standard civil claim, so CICA cases involving children need particularly careful attention to the deadline.
Court Approval of Settlements — “Infant Approval Hearings”
No settlement, compromise, or accepted payment relating to a child’s claim is valid unless the court approves it — this applies even where the defendant admits liability and both sides agree on the figure. The approval hearing (sometimes called an “infant approval hearing”) typically involves:
- A short hearing, often 15 to 30 minutes, usually without the need for the child to attend
- The judge reviewing the medical evidence, the circumstances of the accident, and a barrister’s or solicitor’s written opinion on the merits of the proposed settlement
- Confirmation that the litigation friend approves the proposed settlement
- Consideration of whether damages for any future financial loss should be paid as a lump sum, periodical payments, or a combination
The judge is not simply rubber-stamping the parties’ agreement — the court is independently satisfied that the settlement is in the child’s best interests before approving it. Approval is the standard outcome where the settlement is reasonable, and the process is far less daunting than it sounds.
How Compensation for a Child Is Protected
Money recovered by or for a child cannot simply be paid to a parent to spend. Under CPR Part 21, the court directs how the money is dealt with, and the usual options are:
- Payment into the Court Funds Office (CFO), where it is invested on the child’s behalf and paid out automatically when the child turns 18
- Payment to the litigation friend to hold in a designated bank or building society account for the child’s use, where the court considers this appropriate
- For larger settlements where a child is likely to still lack capacity to manage their own affairs as an adult (for example, following a severe brain injury), the court can direct that the litigation friend apply to the Court of Protection for a deputy to be appointed once the sum reaches £100,000 or more
In practice, most children’s settlements are held by the Court Funds Office until the 18th birthday, at which point the young person receives the fund directly. For serious, life-changing injuries, part of the award may instead be structured as periodical payments running for the child’s lifetime, rather than as a single lump sum.
Contributory Negligence and Children
Courts do not judge a child’s own conduct by the same standard as an adult. The test for whether a child contributed to their own injury takes account of age and understanding — a young child crossing a road unsupervised, for example, is generally judged against what could reasonably be expected of a child of that age, not an adult’s standard of care. This means findings of contributory negligence against children are less common, and where they are made, the reduction in compensation is often smaller than it would be for an equivalent adult.
Common Types of Children’s Claims
- Road traffic accidents — as a passenger or pedestrian; children are excluded from the whiplash tariff and OIC portal, so their claims are valued under the standard Judicial College Guidelines rather than the fixed tariff that applies to adult motorists
- School accidents — playground falls, sports injuries, and failures of supervision by schools and local authorities
- Dog bites and animal attacks — a common cause of facial scarring claims in young children
- Medical negligence and birth injury — including cerebral palsy claims, where the child’s own extended limitation period can run alongside a parent’s separate claim
- Criminal injuries (CICA) — where a child has been the victim of a violent crime, subject to the shorter two-year time limit described above
- Defective products — toys, equipment, and other consumer products causing injury
No Win No Fee Children’s Claims
Children’s personal injury claims commonly run on a no win no fee Conditional Fee Agreement, entered into by the litigation friend on the child’s behalf. Special rules limit how much of a child’s damages can be used to pay costs — court approval of the costs arrangement is required alongside approval of the settlement itself, to make sure the child’s compensation is properly protected. See our how no win no fee works guide for the general mechanics.
Common Questions About Children’s Claims
Can I bring a claim on behalf of my child straight away?
Yes. There is no need to wait until the child turns 18. Most solicitors recommend starting as soon as reasonably possible after the accident, while witnesses, CCTV, and other evidence are still available. The claim can then proceed through medical evidence gathering, negotiation, and settlement at any point, subject to court approval.
Do I have to attend court for the settlement approval hearing?
The litigation friend usually attends, but the child does not normally need to. The hearing is typically short and straightforward, particularly where the settlement is clearly reasonable and supported by a solicitor’s or barrister’s written opinion.
What happens to the money until my child turns 18?
In most cases it is held by the Court Funds Office and invested on the child’s behalf, with the full amount (plus any investment growth) paid out automatically on the child’s 18th birthday. For very large settlements involving lifelong incapacity, the court may direct a Court of Protection deputy to manage the fund instead.
My child was partly to blame for the accident. Does that reduce compensation?
Possibly, but children are judged against what can reasonably be expected of a child of their age, not an adult standard. Findings of contributory negligence against young children are less common than against adults in similar situations, and where a reduction is made it often reflects the child’s more limited understanding of risk.
If the claim is still ongoing when my child turns 18, what happens?
The litigation friend’s appointment ends automatically on the 18th birthday. The young person (now an adult) can continue the case themselves, usually with the same solicitor, and no longer needs a litigation friend or court approval of any future settlement.
How long does a children’s claim take?
Timescales are broadly similar to adult claims of the same type, though solicitors sometimes wait for a child’s injury to fully stabilise (particularly for scarring or growth-related orthopaedic injuries) before finalising a settlement figure, which can extend the case. See our how long does a claim take guide for general timelines.
Related Guides
Personal Injury Time Limits Explained
Contributory Negligence Explained
Will My Personal Injury Claim Go to Court?
Cerebral Palsy Compensation Claims
Criminal Injuries Compensation (CICA) Claims
How Long Does a Personal Injury Claim Take?
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