Find out why a child’s compensation should always be retained by the courts fund office and not by the litigation friend or parents of the child
Child compensation question
My daughter was in a road traffic accident and I acted as a litigation friend in her claim.
An offer has been made and my solicitor has advised that we should accept so I just wanted to know if my kid’s compensation money has to go into a court fund?
Can’t the litigation friend (parents) have it put into their account because at the end of the day the money is for child’s use – for example nowadays parents that are on benefits can’t afford certain stuff and schools are requesting parent to get computers ( laptops) and other educational appliances for their kids.
Child accident claim solicitor response
Compensation monies awarded on behalf of a child should always be paid into the courts fund office and retained there until the child reaches the age of 18 years at which stage your daughter will be considered by the law as an adult and have the right to access her compensation monies.
A litigation friend can make a request at a minor settlement hearing (infant approval hearing) that some monies be released for educational needs of the child, which might include the purchase of a computer.
The court will make its decision based on the evidence presented, but as computers are generally available at schools these days it is ever more unlikely that funds will be released.
You must remember that compensation monies belong to the child and a litigation friend merely provides instructions on behalf of a child to allow a claim to be made.
The parents should not have any control of the money as mistakes can be made.
Until that child is 18 years of age the law considers the child will not be sufficiently responsible to decide how to spend the monies correctly.