Claiming Compensation for a Child
Personal injury claims involving children operate under a distinct legal framework with specific protections, procedures, and timing rules. Children cannot bring claims in their own name — instead, a “litigation friend” (typically a parent or guardian) acts on their behalf. The compensation belongs to the child but is typically held in trust until they reach adulthood, and any settlement requires court approval to ensure it is in the child’s best interests. The 3-year personal injury time limit does not begin until the child’s 18th birthday, meaning claims can be brought many years after the original incident. Understanding how children’s claims work is essential for any parent considering action after a child’s injury.
In this guide
- Who Is a “Child” for Legal Purposes
- The Litigation Friend
- Time Limits for Children
- Common Children’s Injury Cases
- The Claims Process for Children
- Court Approval Process
- How Compensation Is Held for Children
- Releasing Funds Before 18
- When the Child Reaches 18
- Typical Compensation for Children
- 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 UK children’s personal injury claims work, the litigation friend role, court approval, and how compensation is protected.
Who Is a “Child” for Legal Purposes
Under the Civil Procedure Rules, a “child” is anyone under 18. The framework applies regardless of:
- Whether the child is in education
- Whether the child has any earnings
- How close to 18 they are
- Their level of maturity
On reaching 18, the person can manage their own claim. Special protections apply if they lack capacity beyond 18.
The Litigation Friend
Who Can Act as Litigation Friend
A litigation friend must:
- Be a competent adult
- Fairly and competently conduct the proceedings on the child’s behalf
- Have no interest adverse to the child’s
- Be willing to accept the role
Typical Litigation Friends
- Parent (most common)
- Guardian or person with parental responsibility
- Grandparent or other relative
- Court-appointed individual where parents are unsuitable
- Official Solicitor as a last resort
Where Parents Cannot Act
In some situations, parents may not be suitable:
- The parent was responsible for the injury (driving the car in an RTA)
- Parents are in conflict with each other
- Parents lack capacity themselves
- Parents are absent or uninvolved
In these cases, alternative arrangements are needed — typically court-appointed litigation friend.
Time Limits for Children
The 3-Year Clock Starts at 18
The standard 3-year personal injury time limit does not begin until the child’s 18th birthday:
- A child injured at age 5 has until age 21 to claim
- A child injured at age 16 has until age 21 to claim
- A child injured at age 17 has until age 21 to claim
This provides flexibility but does not mean delay is wise — evidence becomes harder to gather over time. See our time limits guide.
Date of Knowledge for Children
For cases where injury was not immediately apparent (some birth injuries, medical negligence), the date of knowledge rules apply. The 3-year clock may run from when the child (or parents acting for them) reasonably realised injury was caused by substandard care.
Cases Better Brought Early
Several reasons to bring children’s claims sooner rather than later:
- Evidence preservation (witnesses, CCTV, records)
- Interim payments to fund treatment and care
- Earlier rehabilitation
- Documenting ongoing impact during childhood
- Settlement available to support during development
Common Children’s Injury Cases
Birth Injuries
Among the highest-value UK claims:
- Cerebral palsy from oxygen deprivation
- Brachial plexus injury
- Brain damage from delayed delivery
- Bone fractures from improper instrument use
See our birth injury claims guide.
School Accidents
- Playground accidents
- PE injuries from inadequate supervision
- Slips on wet floors
- Falls from equipment
- Sports injuries from inadequate equipment
Children’s Activity Injuries
- Play park injuries
- Sports club injuries
- Trampoline park accidents
- Soft play centre accidents
- Holiday hotel accidents (particularly pools, balconies)
Medical Negligence
- Missed meningitis
- Missed appendicitis
- Missed sepsis
- Surgical errors
- Inadequate fracture treatment
Dog Attacks
Children are particularly vulnerable to dog attacks. See our dog bite claims guide.
Road Traffic Accidents
Children as passengers, pedestrians, or cyclists. Special considerations for car seats and seatbelt use.
The Claims Process for Children
Initial Steps
The litigation friend:
- Identifies suitable specialist solicitor
- Signs Conditional Fee Agreement on the child’s behalf
- Provides instructions
- Authorises medical record release
Medical Evidence
For children’s claims, medical evidence often includes:
- Pediatric specialist reports
- Developmental assessments
- Educational psychology reports (for cognitive impact)
- Speech and language therapy reports
- Multiple expert reports for serious cases
For complex cases, evidence may continue over years as the child develops.
Future Loss Assessment
A particular complexity for children — projecting losses over a lifetime:
- Lost earnings projected to potential career
- Future treatment and care needs
- Future education and support
- Long-term impact on relationships and family life
- Adapted accommodation needs
See our future loss calculation guide.
Interim Payments
Interim payments are particularly important for children:
- Funding immediate care needs
- Educational support
- Adapted equipment
- Therapy and rehabilitation
- Family support
See our interim payments guide.
Court Approval Process
All settlements for children require court approval — known as “infant approval hearings”:
Purpose of Approval
The court considers whether the settlement is in the child’s best interests:
- Is the amount reasonable for the injuries?
- Are the proposed arrangements suitable?
- Are the solicitor’s costs reasonable?
- Is the settlement structure appropriate?
What Happens at the Hearing
- Judge reviews medical evidence
- Judge reviews Schedule of Loss
- Judge reviews counsel’s opinion (often required)
- Judge questions the litigation friend
- Judge questions the child if appropriate (typically for older children)
- Judge approves or modifies the settlement
Independent Counsel Opinion
For substantial settlements, independent counsel typically provides an opinion supporting the settlement amount.
How Compensation Is Held for Children
Court Funds Office
For most children’s settlements:
- Compensation paid into court
- Court Funds Office invests the money
- Funds available for specific needs through court application
- Released to the child on reaching 18
The Court Funds Office invests funds in a Special Investment Account with reasonable but conservative returns.
Trust Arrangements
For substantial settlements, trust arrangements may be more appropriate:
- Personal Injury Trust
- Professional trustees
- More flexible investment options
- Better returns possible
See our personal injury trusts guide.
Periodical Payment Orders
For catastrophic injury cases:
- Regular tax-free payments throughout life
- Indexed for inflation
- Cannot be exhausted
- Particularly suitable for severe and lifelong injuries
Releasing Funds Before 18
Funds can be released for specific needs:
Direct Need Applications
- Educational expenses (private school, special tutoring)
- Medical treatment
- Equipment
- Home adaptations
- Therapy and support
Court applications are needed for release. The court considers whether the use is in the child’s best interests.
Limitations
Funds are generally not released for:
- General family expenses
- Holidays (unless therapeutic)
- Adults’ costs
- Items that benefit others more than the child
When the Child Reaches 18
On reaching 18:
- The young person can take control of any remaining funds
- Trust arrangements may continue if appropriate
- They can manage any ongoing periodical payments
- They have full legal capacity over the compensation
For young people who lack capacity at 18, Court of Protection arrangements continue indefinitely.
Typical Compensation for Children
Children’s claims often produce higher settlements than equivalent adult claims, reflecting:
- Longer lifetime of impact
- Greater future loss period
- More uncertain career impact
- Developmental implications
Typical Ranges
- Minor injuries with full recovery — typically £2,000 to £15,000
- Significant injuries — typically £15,000 to £100,000
- Severe injuries with lasting impact — typically £100,000 to £500,000
- Catastrophic injuries (cerebral palsy, brain injury) — typically £1 million to £15 million+
Common Questions About Children’s Claims
My child was injured a year ago. Should I act now or wait?
Generally act now. While the 3-year clock does not start until 18, several reasons favour early action: evidence preservation (witnesses, CCTV, records), interim payments to fund treatment and care, earlier rehabilitation outcomes, documenting impact during recovery, and the family benefiting from settlement support during the child’s development. Delay rarely benefits the child.
I am the litigation friend. What are my responsibilities?
You act in the child’s best interests throughout the case. Responsibilities include: providing instructions to the solicitor, attending hearings if required, ensuring the child attends medical appointments, considering settlement offers, signing documents on behalf of the child, and acting as conduit between the child and the legal team. You do not personally bear the cost of the case under no win no fee.
My child was injured in an accident I was driving in. Can I still be litigation friend?
Often no, where you may share liability. The court will appoint an alternative litigation friend — typically the other parent, a grandparent, or sometimes the Official Solicitor. The child can claim against your insurance through the appropriate litigation friend. This avoids conflicts of interest and protects the child’s position.
Can I use my child’s compensation to support the family?
Generally no. The compensation belongs to the child and is held for their benefit. Court applications can release funds for specific child needs (education, treatment, equipment), but not for general family expenses. The whole framework is designed to ensure compensation reaches the child rather than being absorbed into family finances.
How does the court approval hearing work?
At a court hearing (typically lasting 30-60 minutes), a judge reviews the proposed settlement. The litigation friend attends, sometimes the child attends (typically for older children), and counsel/solicitor presents the case. The judge considers whether the amount is reasonable, the arrangements are appropriate, and the costs are fair. Settlements are typically approved if reasonable. Modifications are sometimes ordered.
How long do children’s claims take?
Typically longer than adult cases. Straightforward children’s injury claims settle in 18 months to 3 years. Cases involving long-term development assessment (typical for serious injuries) can take 3 to 5 years. Catastrophic injury cases involving cerebral palsy or severe brain injury can take 5 to 10 years. The delay often reflects the need to assess long-term impact as the child develops. See our how long does a claim take guide.
Related Guides
How Personal Injury Claims Work | Process & FAQs
Children’s Injury Claims | Litigation Friend Guide
Personal Injury Claim Time Limits UK
Personal Injury Trusts | Protecting Your Compensation
Interim Payments in Personal Injury Claims
Birth Injury Compensation Claims
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