The following information about our trust services for children and young people is supplied for the benefit of personal injury solicitors, parents and other carers who are involved in looking after the interests of an injured child or young person who has been awarded compensation, usually as result of a personal injury.
There are advantages in the foundation of a suitable Compensation Protection Trust (Personal Injury Trust, Special Needs Trust or Disabled Trust) as an alternative to the compensation being held by the High Court until the child or young person attains age 18 when the funds would normally be released.
It is applicable to cases where a child or young person who is under the age 18 has received an award of compensation but where their affairs are not overseen by the Court of Protection. Typically this involves children and young people who have been physically injured but not mentally impaired whilst they are still too young to be awarded money directly.
Any compensation awarded in such circumstances is usually administered through the High Court. The Court of Protection is not involved because there are no issues relating to mental capacity which would take the matter within its jurisdiction.