Accidents involving children can be particularly distressing, deeply affecting both the child and their parents or guardians. When a child is injured due to someone else’s negligence, navigating the legal process to secure compensation can seem overwhelming .

One important aspect of this process is the infant approval hearing, which ensures that any settlements are in the child's best interest.

This guide aims to simplify the infant approval process and provide a clear understanding of its purpose, procedures, and importance.

What is the infant approval process?

The infant approval process is a legal procedure required to approve settlements of compensation claims involving minors (children under 18 years old). This process ensures that the settlement is fair, adequate, and in the child’s best interest. The court’s involvement protects the minor from potentially unfair or inadequate compensation agreements.

Why is the infant approval process necessary?

The infant approval process is essential for several key reasons:

• Fair Compensation: It ensures that the settlement sufficiently covers the child’s current and future needs, including medical expenses, rehabilitation, and other related costs.
• Protection: It prevents exploitation and ensures the minor’s long-term well-being is considered.
• Oversight: It provides judicial oversight to safeguard the interests of minors who cannot legally advocate for themselves.

Who can initiate the infant approval process?

The process is typically initiated by the solicitor representing the minor, usually through the child’s parent or guardian acting as a “litigation friend.”

What is a litigation friend?

A litigation friend is an adult who represents a child or someone unable to manage their own legal affairs. They are responsible for making decisions in the best interest of the child. Typically, a litigation friend is a parent or guardian, but any responsible adult can be appointed with court approval. They must:

• Instruct solicitors to pursue the claim.
• Make decisions and act in the best interests of the child throughout the legal process.
• Ensure that any settlement reached is approved by the court to protect the child’s interests.

What is the role of the court in the infant approval process?

The court reviews the details of the settlement to ensure it is fair and reasonable. The judge will consider factors such as the extent of the injury, future needs, and whether the compensation adequately covers these aspects.

What documents are required for the infant approval hearing?

Key documents needed for the infant approval hearing include:

• Medical Reports: Detailing the child’s injuries and future medical needs.
• Proposed Settlement Agreement: Outlining the terms of the compensation.
• Witness Statement: From the litigation friend explaining why the settlement is in the child’s best interest.

What happens during the infant approval hearing?

During the hearing, the judge reviews the settlement details and may ask the litigation friend or solicitor questions to ensure the settlement is adequate. The judge then decides whether to approve the settlement.

The steps typically include:

• Presentation: The solicitor presents the case details and the proposed settlement.
• Review: The judge reviews all submitted documents and evidence.
• Questions: The judge may question the litigation friend or solicitor for clarity.
• Decision: The judge decides whether to approve the settlement.

Can a minor attend the infant approval hearing?

Yes, the minor should attend the hearing as sometimes the judge wishes to speak with them directly.

What if the court does not approve the settlement?

If the court finds the settlement inadequate, it will not approve it. The parties involved will need to renegotiate the settlement terms or potentially proceed to a trial.

Where is the settlement money kept after approval?

Approved settlement funds are typically placed in a court-approved trust or savings account managed by a trustee until the child reaches 18 years old. This ensures the funds are used responsibly and in the child's best interest.

Can the settlement funds be accessed before the child turns 18?

Yes, in certain circumstances, funds can be accessed for the child’s immediate needs, such as medical treatment or educational expenses, but this requires additional court approval.

How long does the infant approval process take?

The timeframe can vary, but typically it takes a few weeks to a few months from the submission of documents to the court’s decision, depending on the complexity of the case and court schedules.

Is legal representation required for the infant approval process?

It is highly recommended to have a solicitor represent the minor to navigate the legal complexities and ensure the settlement is fair. Legal professionals can provide invaluable assistance in preparing documents, presenting the case, and ensuring the child’s rights are protected.

What happens when the minor turns 18?

Once the child turns 18, they gain full access to the settlement funds. The trustee or the court will release the funds to the now adult, who can manage the compensation as they see fit.

Who appoints the litigation friend?

The litigation friend is usually a parent or guardian but can be any responsible adult who acts in the best interest of the child. They must be approved by the court.

Is there a specific court that handles infant approval cases?

Infant approval cases can be handled by the County Court or the High Court, depending on the complexity and value of the claim.

How is the compensation managed if the child has a disability?

If the child has a disability, the court may set up a trust or appoint a trustee to manage the compensation to ensure it is used appropriately for the child's needs. This ensures long-term care and proper management of the funds.

Can multiple parties be held liable for the child’s injury?

If multiple parties are found to be responsible for the child’s injury, they can be jointly or severally liable for the compensation. This means that the compensation can come from more than one party, ensuring that the child receives the full amount they are entitled to.

Contact our specialist child injury solicitors

Representing children in accident claims can be complex. Katrina Elsey, senior associate, comments: “I represent many children who unfortunately have suffered injury through no fault of their own, so I understand the profound impact that accidents can have on children and their families.

“Following an accident I urge parents and guardians to seek legal advice promptly if their child has been injured due to someone else’s negligence. Early intervention can be crucial in securing the necessary medical care, rehabilitation and fair compensation for your child’s future”.

If your child has been injured in an accident, don't hesitate to contact our personal injury team. Early legal advice can make a significant difference in securing the best outcome for your child's future. Call us on 0800 138 0458 or email help@switalskis.com