Protection of compensation for children and young people who are under 18 years old
Currently, insurance companies representing the ‘at-fault party’ may offer compensation directly to the parents of the injured child or young person, and this can be accepted without obtaining court approval, getting medical reports about the extent of injury and sometimes without seeking legal advice. This may result in children and young people not getting the full value of their claim or in some cases to personally receive any of their compensation.
Following several years of campaigning by JMK Solicitors and by the legal profession, Lord Justice Gillen and the Justice Minister both recommended that there should be mandatory Court approval of Children’s Compensation Claims. Regretfully in 2024 the Justice Minister “decided not to bring forward legislation in relation to mandatory court approval of compensation settlements for children in the current mandate” however she remained “ open to legislating on this issue in future, if a clear, effective, coherent, workable and proportionate legal solution can be identified”.
Maurece Hutchinson, campaigner and Founder of JMK Solicitors view is “legislative protection for children and young persons under 18 is so important as it’s about closing loopholes for compensators, typically insurance companies, with regards to vulnerable children and ensuring the right amount of compensation goes to the right person.”
The overwhelming view of the legal profession is that this protection is long overdue with almost universal support for mandatory protection.
If you are affected by this or it has happened to you or a family member, you are entitled to no obligation legal advice from our specialist legal team.
Please get in touch by emailing law@jmksolicitors.com or telephone 02890320222.
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