If your child has been injured in an accident at school, find out how long you have to make a personal injury claim on their behalf.
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What is the Time Limit to Claim for an Accident at School?
If your child has been injured in an accident at school, you may be wondering how long you have to start a compensation claim. In most cases involving children, the standard 3-year limitation period does not begin until they turn 18. This means they usually have until their 21st birthday to start a claim themselves.
However, a parent or another suitable adult can usually begin the claims process on the child’s behalf at any time before then by acting as a litigation friend. Although the law allows extra time for children, it is often advisable to start a claim as soon as possible while evidence and witness recollections are still available.
This guide explains the time limits that apply to child school accident claims, the exceptions to the standard rules, and what happens to compensation awarded to a child.
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What is the usual time limit for personal injury claims?
The time limit for personal injury claims is set by the Limitation Act 1980. In most cases, this is 3 years from the date of the accident.
In some cases, the three years begin on the date of knowledge, which is when you knew (or should have reasonably known) that you suffered a significant injury that another party’s negligence could have caused.
If a claim is not started within this period, it usually becomes time-barred, meaning you can no longer pursue compensation, even if you have a strong case, unless an exception applies. This limitation period applies to most claims for compensation, but special rules apply to child school accident claims.
Does the 3-year time limit apply to child school accident claims?
No. The standard 3-year limitation period does not apply in the same way to personal injury claims involving children. Instead, the time limit for child injury claims is usually three years from their 18th birthday.
What this means:
- The 3-year timeframe does not start to run until the child turns 18, even if the accident happened many years before.
- Afterwards, the child has until their 21st birthday to start a claim on their own behalf.
- A parent, guardian or another suitable adult could claim compensation for them at any time before that.
This rule applies to most claims for accidents at school, including science lab accident claims, school playground accident claims, sports injury at school claims and school trip accident claims.
Do children have until age 21 to start a claim for an accident at school?
In most cases, yes. Once a child turns 18, they have 3 years to make a personal injury compensation claim on their own behalf. This means they have until their 21st birthday to start a claim.
However, a few exceptions may apply:
- Mental capacity – If the child lacks the mental capacity to start a claim under the Mental Capacity Act 2005 once they turn 18, the limitation period is suspended. That means a litigation friend can bring a claim on their behalf even after they turn 21.
- Criminal acts – Criminal injury claims through the CICA are subject to different time limits. If the incident happened when the child was under 18, an application can usually be made up to their 20th birthday, provided the incident was reported to the police before they turned 18.
However, this does not mean that it is advisable to wait until adulthood. The sooner you start a child injury claim, the better the chances of success.
Why should you start a child school accident claim as soon as possible?
Starting an accident at school claim on behalf of your child as soon as possible is important because it helps ensure that evidence is preserved and is not lost or destroyed.
While a claim can typically be made until the child turns 21, acting quickly prevents memories from fading and ensures your case can be handled in the best way. Delaying a claim can make it harder to succeed.
Taking early action is strongly recommended because:
- Evidence becomes harder to obtain over time.
- CCTV footage is typically deleted or overwritten within weeks.
- Witnesses may forget details or be harder to contact.
- School records or logs may be archived or destroyed.
- Prompt medical attention can establish a direct link between the accident and injuries.
- The child can promptly get the care and support they need.
- You may be able to secure interim payments for financial needs.
The more you delay a claim, the harder it can be to prove how the accident happened and whether the school was at fault.
What is a litigation friend in a child’s school accident claim?
A litigation friend is an adult who is appointed to manage a school accident compensation claim on behalf of a child under 18. They will act in the child’s best interests, make decisions about the claim, instruct solicitors and sign documents.
A litigation friend is needed because children cannot legally represent themselves in a school injury claim. This is usually a parent or legal guardian, but it could also be a close family member, a social worker or a solicitor.
The litigation friend must have no conflict of interest with the child. For example, if a child is injured due to negligent supervision by a teacher who is also the child’s parent, that parent will not be able to represent the child.
The appointment of a litigation friend usually requires the court’s approval, and a judge must approve any compensation settlement to ensure it is fair.
Can school accident records be lost or destroyed over time?
Yes. Schools are not required to keep all records indefinitely, and some of them may be accidentally lost or destroyed if you delay starting your claim. These include:
- Accident report forms
- Inspection and maintenance logs
- Supervision records
- School staff records
- CCTV footage
- Risk assessments
Many schools keep accident records until pupils turn 21, although some councils recommend keeping them until they turn 25. Records related to accidents involving hazardous substances should be retained for 40 years.
However, these records could be destroyed earlier by accidental disposal, fires, or natural disasters such as floods. They may also be damaged due to poor storage conditions, such as humidity or pests.
To access documents from the school, such as inspection and maintenance records or accident reports, you could:
- Contact the school directly and request copies of relevant information.
- Find inspection reports using the GOV.UK website.
- Make a Freedom of Information (FOI) request to ask for documents held by a public authority.
A specialist personal injury solicitor can help you request and preserve evidence to support your claim.
What happens to the compensation awarded to a child?
Compensation awarded to a child under the age of 18 is typically not paid directly to the child or to their parents. Once a judge approves it during an Infant Approval Hearing, the compensation is instead:
- Managed by the Court Funds Office (CFO), or
- Held in another court-approved arrangement for the child’s benefit.
When the child turns 18, funds held by the Court Funds Office are usually released to them, together with any interest accrued in the meantime. This ensures that the settlement is protected until the child reaches adulthood and can only be used in the child’s best interests.
In some cases, you can apply to the court for early release of money to pay for specific needs, such as education, equipment or medical treatment.
Making a no win no fee claim for a child’s school accident
If your child has been injured in an accident at school, do not hesitate to get in touch with a child injury solicitor to find out if you could make a claim. If you can proceed, they will represent you under a no win no fee agreement, which means:
- No upfront legal fees.
- Nothing to pay if your claim is unsuccessful.
- You only pay a success fee if you are awarded compensation.
For a free case assessment and expert advice, call 0800 470 0472 today or request a call back.
