Currently, in Northern Ireland, only those compensation settlements for a child which are agreed upon during legal proceedings must be approved by the court.
Usually, the award is then managed by the Court Funds Office until the child turns 18.
However, if compensation for a child is agreed upon before any legal proceedings are issued, seeking court approval is voluntary.
This means that court protection of the settlement is not always provided.
The absence of a legal requirement for all compensation settlements for a child to be approved by a court gives rise to a concern that there may be cases in which parents, sometimes without the benefit of legal advice, maybe settling claims with insurance companies for a sum that may not properly compensate the child or be utilised in the child’s best interests.
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