An infant approval hearing is the hearing at which a judge decides whether to approve a settlement of a child's claim. In England and Wales, no settlement, compromise or payment for a child, including a voluntary interim payment, is valid without the court's approval. If the claim settles before court proceedings, a Part 8 claim is made just to ask for approval, supported by a draft consent order, the evidence and, except in very clear cases, a legal opinion on the settlement. The court then decides how the money is held, and money invested in court is paid out when the child turns 18.
When a child is hurt, an adult called a litigation friend conducts the claim, and any settlement must be approved by a judge before it binds the child. The rules are in Part 21 of the Civil Procedure Rules, which apply in England and Wales.
This guide follows the steps in order, as set out on justice.gov.uk and GOV.UK as of 28 September 2026. It is general information, not legal advice, and it gives no compensation amounts. For the wider picture, see claiming for a child or dependant.
When court approval is needed
Rule 21.10 says that where a claim is made by or on behalf of a child, or against a child, no settlement, compromise or payment, including any voluntary interim payment, and no acceptance of money paid into court is valid for the child without the approval of the court. A child is anyone under 18. The rule also covers a protected party: someone who lacks capacity, within the meaning of the Mental Capacity Act 2005, to conduct the proceedings.
That takes in every way a child's claim can end with money:
- a settlement agreed with the insurer before any court claim;
- an offer accepted after proceedings start, including a Part 36 offer (Part 36 points to rule 21.10);
- a voluntary interim payment (see interim payments); and
- money the defendant has paid into court.
Until the court approves it, the agreement does not bind the child, and a settlement the judge refuses is not valid for the child.
Starting the approval claim
How approval is asked for depends on where the claim has got to:
| Where the claim is | How approval is asked for |
|---|---|
| Settled before any court proceedings | A claim under the Part 8 procedure (form N208) whose only purpose is approval, including a request to the court to approve the settlement (rule 21.10(2)) |
| Court proceedings already issued | An application for approval in those proceedings, with the same supporting documents (rule 21.10(3)) |
| Low value road traffic, employers' liability or public liability protocol claim settled at Stage 2 | A settlement hearing, with fixed costs set by rule 45.31 |
The child's litigation friend, such as a parent or guardian, files a certificate of suitability when the claim is made (rule 21.5(3)). A court fee is payable by the claimant when a claim is issued; GOV.UK lists the current fees in its EX50 leaflet.
What the judge needs to see
Rule 21.10(3) lists the documents that must support any application or request for approval:
- a draft consent order setting out the proposed terms;
- details of whether, or how far, liability is admitted;
- the child's age and occupation, if any;
- confirmation that the litigation friend approves the settlement;
- any relevant medical, financial or other expert evidence or advice;
- for an accident, details of the accident and of the loss and damage claimed;
- any documents relevant to liability; and
- a legal opinion on the merits of the settlement, except in very clear cases, with the instructions for it unless the opinion sets them out.
If the damages include future financial loss, the court must be satisfied that the parties have considered periodical payments (rule 21.10(4)). If the claim follows a death and part of the money is for a dependent child, the court also needs details of the claimed loss of future earnings of the person who died and of the nature and extent of the dependency (rule 21.10(7)).
GOV.UK also asks the litigation friend to bring form CFO 320, which sets up the child's Court Funds Office account, and the child's original birth certificate or a certified copy. The planner below builds your checklist and key dates.
Infant approval planner
Indicative only, from the Civil Procedure Rules, GOV.UK, the Scottish legislation cited here and nidirect as published on 28 September 2026. It is not legal advice. Nothing you enter leaves your browser.
At the hearing
The hearing is where the judge decides whether to give the approval that rule 21.10 requires, using the documents above. GOV.UK says a litigation friend has to go to court if there is a hearing, but cannot act as the child's lawyer.
Hearings are in public as a general rule. A hearing, or part of it, must be held in private to the extent that this is necessary to protect a child's interests and to secure the proper administration of justice, and the court must order that a person's identity is not disclosed if that is necessary to secure the proper administration of justice and to protect their interests (rule 39.2).
If the judge needs more information before deciding how the money is invested, that part can be adjourned, with the money paid into the court special account in the meantime unless the judge directs otherwise (rule 21.11(7)).
In a low value protocol claim settled at Stage 2, approval is dealt with at a settlement hearing. If the court approves, the defendant pays the Stage 1 and 2 fixed costs and the Stage 3 Type A, B and C fixed costs, Type C being for advice on the amount of a child's damages; if not, it pays the Stage 1 and 2 fixed costs (rule 45.31). See fixed recoverable costs.
Costs taken from the damages
Some legal costs, such as a success fee under a conditional fee agreement, may be claimed from the child's damages. Rule 21.12 controls this:
- the litigation friend must apply, and can recover only costs and expenses that were reasonably incurred and are reasonable in amount;
- at first instance, costs taken must not exceed 25% of the damages for pain, suffering and loss of amenity and for past financial loss;
- where no more than £5,000 is paid to the child, the total must not exceed 25% of that sum unless the court directs otherwise, and never more than 50%; and
- a witness statement must cover, among other things, any funding agreement, the funding advice given and a breakdown of the costs.
Except in the fixed costs sections of Part 45 (Sections IV, VI, VII and VIII), no application for costs or expenses to be paid out of the child's money can be made until the costs payable to the child have been assessed or agreed.
After approval: how the money is held
Money recovered for a child is dealt with only as the court directs (rule 21.11): paid into court and invested or, if the court considers it appropriate, paid to the litigation friend for a bank, building society or similar account for the child's use. The litigation friend applies for directions on form CFO 320, which the judge completes.
Where the Court Funds Office holds the money, GOV.UK says the litigation friend is responsible for the account until the child turns 18, keeping contact details up to date and applying for any payments. The litigation friend cannot take money out without a court order: a request can be made in writing, with supporting evidence, to a Master or District Judge, and may be decided without a hearing (rule 21.11(10)). GOV.UK says to explain what the money is for and how it will benefit the child.
At 18, money still invested in court must be paid out to the young person. GOV.UK says the Court Funds Office writes within a month of the 18th birthday, either with a form that they and a witness who knows them, but is not a relative, sign and date on the same day, or telling them to take the case back to court, and transfers the money within 5 working days of receiving the court order or the completed forms and documents.
If the child is likely to lack capacity to manage money as an adult, the fund is run as a protected beneficiary's fund, and for £100,000 or more the court directs an application to the Court of Protection for a deputy unless an attorney or deputy is already in place (rule 21.11). See how compensation is paid and brain injury claims.
Scotland and Northern Ireland
The Civil Procedure Rules, including Part 21, apply in England and Wales. In Scotland, a child under 16 has no legal capacity to enter into any transaction, including bringing or taking a step in civil proceedings, and a parent has the right to act as the child's legal representative; from 16 a person has legal capacity. Where a sum becomes payable to a child under 16 in court proceedings, section 13 of the Children (Scotland) Act 1995 lets the court order how it is paid and managed, for example through a judicial factor, the Accountant of Court or a parent under the court's directions. See making a claim in Scotland.
In Northern Ireland, nidirect says money a court awards to a minor, anyone under 18, is not paid directly to them: the Court Funds Office holds and invests it until the 18th birthday, and the court appoints a guardian, who can apply to the court that made the award for a payment out, paying a fee for each application. See making a claim in Northern Ireland.
Frequently asked questions
What is an infant approval hearing?
A court hearing at which a judge decides whether to approve a settlement of a claim made by or for a child. In England and Wales no settlement, compromise or payment for a child, including a voluntary interim payment, is valid without the court's approval under rule 21.10 of the Civil Procedure Rules. If the claim settled before proceedings, a Part 8 claim is made just to ask for approval.
What documents are needed for an infant approval hearing?
A draft consent order, details of liability, the child's age and occupation, the litigation friend's approval, the expert evidence, details of the accident and losses, documents on liability and, except in very clear cases, a legal opinion. GOV.UK also asks for form CFO 320 and the birth certificate.
Is an infant approval hearing held in public?
The general rule is that hearings are in public, but the court must sit in private to the extent that this is necessary to protect the interests of a child and secure the proper administration of justice, and it can order that the child's identity is not disclosed.
Can legal costs be taken from a child's damages?
Only on an application by the litigation friend and within rule 21.12: at first instance, no more than 25% of the damages for pain, suffering and loss of amenity and past financial loss, with a stricter limit where £5,000 or less is paid to the child.
Can the money be released before the child turns 18?
Only with the court's permission, on a written request with supporting evidence to a Master or District Judge, which may be decided without a hearing. Otherwise money invested in court is paid out at 18.
Official sources for the rules
- Civil Procedure Rules, Part 21: rules 21.10 to 21.12 on settlements, money and costs for children, on justice.gov.uk
- GOV.UK: litigation friends: duties, settlement hearings and form CFO 320
- GOV.UK: Court Funds Office: managing a child's account and getting the money at 18
Related guides: claiming for a child or dependant, Part 36 offers, interim payments, school accident claims and birth injury claims.
Official sources used for this guide: Civil Procedure Rules, Part 21; Part 39; Part 45; GOV.UK: litigation friend duties; GOV.UK: Court Funds Office accounts for children; GOV.UK: court funds money at 18; Children (Scotland) Act 1995, section 13; nidirect: compensation awarded to a minor. This guide is general information about the law in the UK, not legal advice; the law can change, so check your own position with a regulated solicitor.