FAQ Summary: Understanding Infant Approval Hearings
When a medical negligence claim involves a child, the legal journey includes a vital safeguarding step known as an Infant Approval Hearing. As children cannot legally settle their own claims under the common law legal system of England and Wales, any compensation must be considered and formally approved by a judge to ensure it is entirely fair and protects their long-term interests.
Why can’t I just accept a settlement offer directly for my child?
Under Civil Procedure Rules (CPR Part 21), no settlement, compromise or payment for a child is legally valid or binding until a judge reviews and signs off on it to guarantee that the compensation fully meets your child's needs.
How do we figure out if the settlement offer is fair?
Reaching a fair figure involves a thorough, step-by-step investigation.
- Medical records analysis: We review and cross-reference all records to make sure the clinical timeline matches your experience.
- Independent expert evidence: We instruct independent medical experts to examine your child and provide an opinion regarding their current condition and prognosis outlining long-term care, treatment and equipment need (if any) .
- Instructing a Barrister: We instruct an independent clinical negligence barrister to review the independent medical report and scrutinize the defendant’s offer against the evidence to ensure it accurately reflects the severity of the injury.
(Note: If we were previously instructed to investigate liability as well, these investigative steps regarding records and expert reports will typically already have been completed earlier in the case).
How does the formal registration process with the court work?
Proceedings brought solely to obtain approval must follow the Part 8 procedure. The application requires lodging a comprehensive bundle of evidence with the court, which include:
- The child's age - child’s original or certified birth certificate..
- Certificate of Suitablity of the Litigation Friend (i.e., the adult appointed to make legal decisions on behalf of the child).
- Written confirmation that the Litigation Friend approves the Defendant’s offer.
- All relevant medical or financial expert evidence.
- Barrister’s advice.
- Investment instructions such as a signed Court Funds Office CFO320 form to direct how the child’s settlement money will be held and invested.
What happens at the Infant Approval Hearing itself?
Once our legal team and barrister consider that an offer is fair, we register the claim with the Court and arrange an Infant Approval Hearing. A judge will analyse the evidence, consider the barrister’s advice, and ensure the agreement serves your child's best interests.
What happens to the money once approved?
As the claimant is a minor, the settlement funds cannot be handed directly to the family. There are a number of options:
- The court order will typically direct that the compensation be paid directly into a Court Funds Office (CFO) account. This safeguards the capital in a special interest-bearing account under the until your child turns 18.
- However, the court has broad discretion over investment directions. If the settlement is relatively modest, or if you can demonstrate that an alternative option—such as a Junior ISA—offers superior interest rates or investment growth, a judge may agree to bypass the CFO. To succeed, the Litigation Friend must present the bank details at the approval hearing and prove that the account strictly prohibits any withdrawals until the child reaches adulthood.
- For high-value clinical negligence settlements where a child will likely lack the mental capacity to manage their own affairs when they reach 18, the court may direct a professional deputy to manage the funds. In these cases, provided it is financially more favourable, a professional deputy can seek Court of Protection permission to invest the capital to maximise long-term growth to sustain the child’s lifelong care need (as appropriate).
Quote from author. Yusuf Takoliya, Trainee Solicitor from MDS, said “It is reassuring that the court assumes this protective role for minors so they are not taken advantage of, and minors can know when they grow older that their best interests were truly taken into consideration”
