Maurece Hutchinson

The personal injury and road traffic accident specialist firm has been calling since 2016 for action to ensure children’s rights are fully protected when making personal injury claims following road traffic collisions.

This position was endorsed in 2017 when the civil justice review chaired by Lord Justice Gillen urged that “serious consideration be given to introducing court legislation to make court approval of legal settlements of financial cases involving minors mandatory”.

New figures obtained by JMK Solicitors from the Compensation Recovery Unit (CRU) suggest that, since 2010, 2,808 minors in Northern Ireland were not legal represented after being injured in a car accident.

Managing director Maurece Hutchinson said: “We have been monitoring the increase in the number of children injured in road traffic collisions who are not legally represented for a number of years. The numbers have grown dramatically from 57 cases in 2010 to over 500 cases in 2019.”

She continued: “Not only are children entitled to be legally represented in their own right, any compensation funds which are sought in their name should be independently approved by a judge and be held securely for the child’s own use in the future.

“In cases of compensation awarded to children for injuries sustained, children’s compensation should be transferred into the protection of the court and put into a Special Investment Account which the injured person can access when they are older.

“This makes good sense, but unfortunately it doesn’t always happen and money due for the child can end up being spent by parents who accept the funds on their behalf.

“Currently, few parents are aware that by accepting compensation on behalf of their children, in the absence of a court decision, that they bear the responsibility of ensuring the money is kept safe for the child’s use when they turn 18. We are advocating that proper regulations are implemented in order to protect children’s rights.”

Members of the Shadow Civil Justice Council (SCJC) have also called on the Department of Justice to take legislative action on the matter.

Ms Hutchinson said: “JMK Solicitors are committed to protecting the rights of the vulnerable and I am pleased to hear that legislative intervention is finally being advocated after many years of work highlighting the issue.

“Children are entitled to be represented by a solicitor, and any compensation they receive should be protected and held securely in a court-approved investment account for the child’s own use. I look forward to hearing how the Department of Justice will progress this issue.”