Child litigation friend in dental cases
If your child has experienced dental negligence you will want them to attain the best possible advice and guidance when making a claim, but as can be expected when a child is the claimant in a UK court of law, they cannot make that claim themselves. They therefore require a litigation friend in order to bring the claim and help them make appropriate decisions.
Who can act as a Litigation friend?
As a parent or guardian you may well want to act as the litigation friend yourself. However you may feel this responsibility would be more appropriate in the hands of an individual with a legal background. The people who can act as a litigation friend in dental cases are:
- Parent or guardian
- A solicitor or lawyer
- A family member or friend
- A professional advocate (a social worker for instance or professional mediator perhaps)
- A court of Protection deputy (usually where the claimant lacks the mental capacity to act)
- Someone who has lasting or enduring power of attorney (usually where the claimant lacks the mental capacity to act)
The court will check the person who has been assigned the role of litigation friend can make decisions about the case in a fair and competent manner and that their interests in the case do not conflict with those of the child.
What are the duties of a litigation friend in a dental case?
You will need to direct the proceedings on behalf of the child and so you will need to comprehend the goal of the dental case claim and also understand the more subtle feelings and wishes the child may have. If you are not a close family member you will need to be able to communicate easily both with the legal team and with the child so you can feedback what is happening in the case and negotiate with the solicitor. You will need to pay any costs ordered by the court.
If the court case is successful and it is agreed the child will receive a payment in settlement there will be a further hearing to approve the settlement. Any monies would be held in a CFO account for the child. This money may not be released until the child is 18 in which case as a litigation friend you would be expected to be able to manage the account for the child until they are legally termed an adult.
How do I apply to be a litigation friend?
You can download the appropriate form here:
https://www.gov.uk/litigation-friend/apply
At Dental Accident Helpline we can guide you through the whole process including attaining an appropriate litigation friend for you child. To speak to one of our advisors call FREEPHONE 0330 088 2869 or fill in our online claim form.
