A child (under 18) or a "protected party" who lacks the mental capacity to conduct a claim cannot bring it themselves; an adult acts for them as a litigation friend, usually a parent or close relative. Any settlement must be approved by the court to protect the injured person, and the money is normally safeguarded — for a child, typically held until they turn 18. Time limits differ too: for children the three years does not start until their 18th birthday, and it does not run at all while someone lacks capacity.
When the injured person is a child, or an adult who cannot manage a claim because of their injuries, the law adds extra protections — and a few extra steps. The aim of every one of them is the same: to make sure the claim is run in that person's best interests and that any compensation is kept safe for them. This guide explains how claims for children and "protected parties" work in the UK. We are an independent information service, not a law firm, and this is general information, not legal advice.
Who can act for a child or protected party
Two groups of people cannot conduct a claim themselves:
- a child — anyone under 18; and
- a protected party — an adult who lacks the mental capacity (within the meaning of the Mental Capacity Act 2005) to conduct the claim, for example after a serious brain injury.
For both, an adult steps in to bring the claim on their behalf, as a litigation friend.
The litigation friend
A litigation friend conducts the claim for the child or protected party — usually a parent, guardian or close relative, but it can be any suitable adult who can fairly and competently act in the injured person's best interests and has no conflict of interest. The litigation friend gives the instructions and makes the decisions, working with the solicitor — but, importantly, they do not receive the compensation to use as they wish. The money belongs to the injured person and is protected.
Court approval of settlements
💡 A safeguard, not a hurdle
Because a child or protected party cannot legally agree a settlement, the court must approve any proposed settlement at an approval hearing (for a child, sometimes called an infant approval hearing). A judge checks the medical evidence and the proposed figure to ensure it is fair and in the injured person's best interests before approving it. This protects against a settlement that is too low — it is there for the claimant's benefit.
How the money is protected
Compensation for a child is not simply handed over to be spent. It is typically held in court or a suitable account and invested until the child turns 18, with the possibility of releasing funds earlier for specific needs if the court permits. The whole structure is designed to safeguard the award for the person it belongs to, rather than leaving it in an adult's hands.
Protected parties and the Court of Protection
Where an adult lacks capacity and receives compensation that needs managing over the long term — common in serious injury cases — the Court of Protection can appoint a deputy to manage their property and affairs, overseen by the Office of the Public Guardian. The deputy must act in the protected party's best interests and is accountable for how the money is used. This is the same framework that governs the management of large awards in serious brain and spinal injury claims.
Special time limits
⏳ More generous limits — but act early anyway
Under the Limitation Act 1980 in England & Wales, the three-year clock does not start for a child until their 18th birthday (so they have until 21 to claim themselves, though a litigation friend can act sooner). For a protected party, the limit does not run at all while the incapacity lasts. Scotland and Northern Ireland have equivalent rules. Even so, claiming sooner is usually better — evidence is fresher and support can be put in place earlier. See our time limits guide.
Every extra step in a child or protected-party claim — the litigation friend, the approval hearing, the protected funds — exists for one reason: to put the injured person's interests first and keep their compensation safe.
Frequently asked questions
Who can claim on behalf of a child?
A child under 18 cannot conduct a personal injury claim themselves, so an adult brings it for them as a 'litigation friend' — usually a parent or guardian, but it can be another suitable adult who can act fairly and competently in the child's best interests and has no conflicting interest. The litigation friend gives instructions and makes decisions about the claim, but cannot simply pocket any compensation, which is protected for the child.
Why does a child's settlement have to be approved by the court?
Because a child cannot legally agree a settlement, the court must approve any proposed settlement at an 'approval hearing' (sometimes called an infant approval hearing) to make sure it is fair and in the child's best interests. The judge reviews the medical evidence and the proposed amount before approving it. This is a safeguard, not an obstacle, and it protects the child from a settlement that is too low.
What is a protected party?
A protected party is an adult who lacks the mental capacity, within the meaning of the Mental Capacity Act 2005, to conduct the claim themselves — for example because of a serious brain injury. Like a child, they act through a litigation friend, and any settlement must be approved by the court. Where compensation needs to be managed long-term, the Court of Protection can appoint a deputy, overseen by the Office of the Public Guardian.
What happens to the compensation awarded to a child?
It is protected rather than paid out to be spent freely. Money awarded to a child is typically held in court or in a suitable account and invested until they turn 18, sometimes with provision for payments to be released earlier for specific needs with the court's permission. For a protected party, the funds may be managed by a deputy appointed by the Court of Protection. The aim throughout is to safeguard the money for the person it belongs to.
What are the time limits for a child's injury claim?
They are more generous. Under the Limitation Act 1980 in England and Wales, the usual three-year clock does not start for a child until their 18th birthday, giving them until they turn 21 to claim in their own right, though a litigation friend can claim earlier on their behalf. For a person who lacks mental capacity, the limit does not run at all for as long as that incapacity lasts. Scotland and Northern Ireland have their own equivalent rules.
Get help from official, free sources
- GOV.UK — Court of Protection / Office of the Public Guardian — managing money for a protected party
- The Law Society — Find a Solicitor — find a specialist for a child or serious-injury claim
- Citizens Advice — free, impartial guidance on your options
- Solicitors Regulation Authority (SRA) — check a solicitor or firm is regulated
Related guides: brain injury claims, fatal accident claims, time limits to claim and how compensation works.