Mandatory court approval of children’s compensation claims backed in consultation

Mandatory court approval of children's compensation claims backed in consultation

A change in the law to require court approval of all children’s compensation claims in Northern Ireland has been backed by an overwhelming majority of responses to a Department of Justice consultation.

The findings of the 2021 consultation, which were published this month, have been welcomed by the Children’s Compensation Counts campaign led by personal injury lawyers.

At present, insurance companies representing the ‘at-fault party’ may offer a sum of compensation directly to the parents of the injured child, and this can be accepted without obtaining court approval and sometimes without seeking legal advice.

Some 98 per cent of respondents told the consultation that the government should legislate to compel court approval of settlements of compensation for children in cases in which legal proceedings have not issued, with nearly half of the respondents stating that legislation was important to protect children’s rights.

Maurece Hutchinson, managing director of JMK Solicitors, said: “I’m delighted to see the justice minister believes that legislative intervention would be appropriate, particularly in light of the consultation responses.

“The collective voices of those who responded, including the Northern Ireland Commissioner for Children and Young People, the Children’s Law Centre, the Law Society of Northern Ireland and the Northern Ireland Association of District Judges, broadly speak as one – we need a change to the law.

“The consultation is the first step in ensuring that the right amount of compensation goes to the right young person.”

Any decision on children’s compensation will fall to a new minister of justice and a new Assembly.

Ms Hutchinson said: “We have campaigned for a long-time for this consultation, but our work is not over until it becomes law that there must be court approval of all settlements of compensation for children.

“My colleagues and I in the legal profession are committed to seeing this change and our views are supported by wider society. We’re calling on the new justice minister to make the findings of this consultation a priority, and in doing so, protecting the rights of our young people.”

Share icon
Share this article: