A Claim Held in Trust: Serious Injury, Childhood, and the Handover at Eighteen

A serious injury to a child sets in motion two parallel journeys. One is medical and therapeutic; the other is legal. The legal journey has its own calendar, one that stretches across school years and developmental milestones. It is not simply a claim that happens to involve a young person. It is a claim shaped at every stage by the fact that the injured person is not yet an adult. Understanding that difference helps families know what to expect and when to ask for help.

The litigation friend: a role with duties, not just paperwork

Because a child cannot instruct a solicitor or make decisions about a claim, the law requires an adult to act on their behalf. That person is called a litigation friend. Usually a parent or guardian, the litigation friend must act in the child’s best interests — not their own. They instruct the solicitor, make decisions about the conduct of the claim, and attend hearings where necessary. They must not have a conflict of interest with the child.

The role is not a formality. The litigation friend is responsible for ensuring the child’s case is presented properly and that any settlement is fair. They may need to provide evidence about the child’s needs and circumstances. In 2026, courts continue to scrutinise the conduct of litigation friends carefully, particularly where the proposed settlement is complex or where the child’s long-term care needs are significant.

Why a judge must approve the settlement

A child is a ‘protected party’ under the Civil Procedure Rules. That means any settlement — whether reached before or after court proceedings are issued — must be approved by the court. The judge’s role is to protect the child’s interests. Approval is not a rubber stamp. The court will consider advice from counsel, the litigation friend’s evidence, and whether the proposed sum is fair and sufficient. The judge may also approve the structure of the settlement, including a lump sum and periodical payments.

The approval hearing is usually held in private. Families should expect to attend, though the process is less formal than a trial. The court can refuse a settlement it considers too low, or send the parties back to negotiate. This safeguard exists because a child cannot consent to a settlement in the way an adult can. The money must last, potentially for decades, and the court acts as a check on that long-term view.

Interim payments: funding care before the end

A serious injury claim can take years to resolve. Interim payments allow some money to be released before final settlement to fund care, rehabilitation, equipment, adaptations, and case management. They can be agreed with the defendant or ordered by the court. The court can order an interim payment where liability is admitted or where the claim has a real prospect of success.

For families, interim payments can be transformative. They can pay for a specially adapted vehicle, a ground-floor bedroom, or private therapy while the claim continues. They are not a final settlement and do not prejudice the rest of the claim. But they must be requested and justified. Families should ask their solicitor early whether an interim payment is possible, and keep clear records of needs and costs to support the application.

The approach to eighteen: what changes and what waits

At eighteen, the young person becomes an adult in law. The litigation friend’s role ends. If the claim is still ongoing, the young person takes control of it — assuming they have the mental capacity to do so. If the claim has settled, they become entitled to the money. That transition raises practical questions that are better addressed early than in the weeks before a birthday.

Money management and the Court of Protection

Some young people will have capacity to manage their own finances; others will not. Where capacity is in doubt, the Court of Protection can appoint a deputy to manage the money. A deputy is usually a family member or a professional, and the appointment is a formal legal process. Deputyship is not the same as being a litigation friend; it is a separate role with different duties. Families concerned about capacity should seek legal advice well before the eighteenth birthday.

Trusts and financial planning

A personal injury trust is a discretionary trust set up to hold compensation. It can help preserve means-tested benefits and provide a structure for long-term financial management. Trusts can be established before the young person turns eighteen, with trustees managing the money for their benefit. Independent financial advice is essential. The right structure depends on the size of the settlement, the young person’s needs, and the family’s circumstances.

The handover from children’s to adult services

In 2026, the transition from children’s to adult services remains a known pressure point. Health, social care, and education support can change significantly at eighteen. Families should ask for a transition assessment from the local authority, ideally starting around age fourteen. Adult social care has different eligibility criteria, and planning ahead helps avoid a sudden gap in support. The local authority has duties under the Care Act 2014 to assess young people who may need care as adults.

Practical steps for families

• Keep a clear record of the child’s needs, care costs, and equipment requirements.
• Ask the solicitor about interim payments early, and review the position regularly.
• Start discussions about financial advice and trusts before the eighteenth birthday.
• Request a transition assessment from the local authority well in advance.
• Seek advice on capacity and deputyship if there are concerns about money management.

Conclusion

The claim is a long project, and the legal milestones are only part of the picture. The litigation friend’s role, court approval, and interim payments are all designed to protect the child’s interests while the case unfolds. The handover at eighteen is not an ending but a change of responsibility. Families who plan for it — with legal, financial, and care advice — can make that transition smoother for the young person at the centre of the claim.