Claiming Nut Allergy Compensation for Your Child

Yes – you act as their “litigation friend” (legal term for representative). On straightforward claims, settlement takes 2-6 months, then court approval typically required. Compensation (typically £1,500-£3,500) held in court account earning interest until they turn 18.

99% settle without trial. We handle all paperwork on No Win No Fee terms. Call us: 01663 761890.

The Child Claim Journey: What We Do For You

Key Facts: Claiming for Your Child

Every claim is different. These are typical figures based on our experience since 2007.

Understanding The Basics

What “Litigation Friend” Means in Plain English

It’s just the legal term for acting on your child’s behalf. You’re their representative. Any parent with parental responsibility can do this. You don’t need special qualifications. You don’t need legal training. You just need to act in your child’s best interests – which you do every day anyway. We handle all the technical stuff. The court forms. The evidence bundles. The legal arguments. You focus on your child. We focus on proving what happened.

Court Approval – The Infant Approval Hearing

Child settlements typically require court approval to protect your child’s interests. You’ll attend an infant approval hearing with your child and a barrister we instruct. Both sides have already agreed the settlement amount. The hearing is the judge making sure that agreement is fair to your child. It’s a rubber stamping exercise – not a trial, not a contested hearing. Short. Informal. The barrister presents the agreed terms to the judge, who asks a few questions and approves the settlement. Done. We prepare everything beforehand. The barrister is fully briefed. We explain what happens so there are no surprises.

Money Protected Until 18 – But You Can Access It for Therapy

The compensation goes into a protected court account. Earns interest. Nobody can touch it until your child turns 18. Not you. Not other family. Not creditors. It’s ring-fenced. But here’s the important bit: if your child needs ongoing therapy, counselling, or educational support because of what happened, we can apply to the court to release money early. You show what’s needed and why. The court authorises spending for genuine therapeutic needs. The goal is protecting the money during childhood while allowing access when it genuinely benefits your child.

Time Limits – You Have Until They Turn 21

Adults have three years to claim from the date of injury. Children are different. Read our detailed guide on time limits for child claims – the clock doesn’t start until they turn 18, then they have three years until they’re 21 to claim themselves. You can claim on their behalf anytime before they turn 18. So technically there’s no rush. But practically? Evidence disappears. Staff leave. Businesses close. Schools lose records. The sooner you act, the stronger your claim. Don’t wait just because you legally can.

“Don’t wait just because you legally can. Evidence disappears. Staff leave. Businesses close. Schools lose records. The sooner you act, the stronger your claim.”

Schools and Nurseries – They Have Clear Legal Duties

If it happened at school or nursery, the legal framework is particularly strong. Schools must have Individual Health Care Plans (IHCPs) for children with serious allergies. Statutory requirement under the Children and Families Act 2014. The IHCP documents everything: the allergy, emergency procedures, where EpiPens are kept, which staff are trained. When a school has an IHCP and then serves your child their allergen anyway? That’s not a mistake – that’s a breach of statutory duty. Staff must be trained on EpiPen use. Ofsted inspects allergen management. Schools take on a higher duty of care toward vulnerable children who can’t protect themselves. When they fail these duties, proving negligence is straightforward.

Evidence from Your Child

Young children give simple accounts you relay to us. Older children might write it down or record a video. We adapt to their age and comfort level. One account, gathered sensitively with your support. We don’t subject them to repeated questioning. And here’s what won’t happen: your child won’t be cross-examined by aggressive lawyers. Won’t face a contested trial. The infant approval hearing is brief and informal – the barrister presents the agreed settlement and the judge just wants to see your child is comfortable with the arrangement. Child claims settle in 99% of cases. Rarely any dispute by the time we get to court.

How We Handle Everything

We’ve handled child nut allergy claims since 2007. Chris or David personally – not delegated to juniors. We gather evidence. Medical records, school IHCPs if relevant, witness statements, incident reports. We negotiate with insurers. We prepare all court approval paperwork and fully brief the barrister who attends the hearing with you. We keep you updated throughout. You make the key decisions – whether to accept a settlement offer, whether to apply for therapy funding. We do the legal work. Direct access to us throughout on mobile. That’s how we work – deliberately small, properly personal. Your child deserves that level of care.

Ready to discuss your child’s claim? Call us on 01663 761890 or email chris@candcsolicitors.co.uk or dhealey@candcsolicitors.co.uk. We’ll explain everything clearly, answer your questions, and tell you straight whether your child has a claim. No legal jargon. No pressure. Just honest guidance.

School & Nursery Claims

Schools and nurseries have specific legal duties toward children with allergies. When they breach them, proving negligence is straightforward.

Individual Health Care Plans – The Smoking Gun

Schools must have Individual Health Care Plans (IHCPs) for children with serious allergies. Statutory requirement under the Children and Families Act 2014. Not guidance. Law. The IHCP documents the allergy, emergency procedures, where EpiPens are kept, which staff are trained, what foods to avoid. When a school has an IHCP for your child and then serves them their allergen? That’s not a mistake – that’s a breach of statutory duty. Most school nut allergy claims involve clear breaches of Individual Health Care Plan duties. The plan proves they knew. The reaction proves they failed. We can request the IHCP if needed as evidence. Often proves the entire claim on one piece of paper.

EpiPen Training Requirements

School staff must be trained on EpiPen use. At minimum, all first aiders. Many schools train all staff. Training must be regular – yearly refreshers are standard. When a child has anaphylaxis and staff don’t know how to use the EpiPen, that’s a training failure. We can request training records. If they weren’t trained properly, that’s evidence of breach.

Ofsted Inspections

Ofsted inspects how schools manage medical conditions including allergies. They check policies, staff training, risk assessments. Inspection reports are public. We can obtain them. If Ofsted raised concerns about allergen management and then your child had a reaction, that report becomes powerful evidence. Shows the school knew they had problems.

Higher Duty of Care

Schools stand “in loco parentis” – in place of the parent. They take on a higher duty toward vulnerable children who can’t protect themselves. You trusted them with your child. They knew about the allergy. They had clear procedures. When they failed to follow those procedures, the breach is stark. This isn’t arguing whether they “should have known” – they absolutely did know.

Nurseries and Childcare Providers

Nurseries have similar obligations under the Early Years Foundation Stage framework. Written policies on medical needs. Records of allergies. Staff training. Emergency response procedures. Ofsted inspects them too. Nursery and childcare claims follow the same principles – when documented duties are breached, proving negligence is straightforward.

“When a school has an IHCP and then serves your child their allergen, the claim is often proven on one piece of paper.”

Building Your Claim

What Evidence We Need

Medical Records

Hospital records if they attended A&E. GP records showing the allergy history. Ambulance records if paramedics attended. These prove the reaction happened and its severity. We obtain these with your consent. You don’t need to chase them yourself.

School or Venue Records

The school’s IHCP if it happened there. Incident reports they completed. Allergy registers. Staff training records. Menu or food labelling if it was a restaurant. We request these formally. Businesses must provide them. Often they reveal procedural failures or contradictions in their account.

Your Child’s Account

Young children give simple verbal accounts. “The teacher gave me a biscuit and I felt funny.” That’s enough. Older children might write it down or make a video recording. We adapt to their age. One account, gathered sensitively. We don’t subject them to repeated questioning. And they won’t be cross-examined in court – the infant approval hearing is informal, not adversarial.

Witness Statements

Other parents who were there. Teachers who witnessed what happened. Your child’s friends who saw it. Staff members who might contradict the official version. We approach witnesses professionally. Get written statements. Build the picture of what actually happened.

What You Kept

Photos of the food if you took any. Packaging if you kept it. Receipts. Booking confirmations showing you notified them of the allergy. Text messages or emails to the school. Social media posts you made at the time. Any contemporaneous records strengthen the case. But don’t worry if you didn’t keep anything – medical records alone often prove enough.

“We request school records, venue policies, and witness statements formally. They must provide them. Often they reveal everything we need to prove negligence.”

What You’ll Receive

What Compensation Covers

Pain, Suffering and Loss of Amenity

Compensation for the reaction itself. The physical symptoms. The fear they experienced. The hospital treatment. Recovery time. Impact on their daily life during recovery. Most nut allergy reactions result in £1,500-£3,500 compensation. Severity determines where in that range. More severe reactions with lasting impact valued higher.

Psychological Impact

If your child developed anxiety about food afterwards. Fear of eating at school. Panic about birthday parties. Refusal to eat away from home. That psychological impact is valued separately. We might need a psychological report for more serious anxiety. The compensation reflects how the incident changed their behaviour and confidence.

Therapy and Treatment Costs

Private therapy if needed. Counselling sessions. Additional medical consultations. These are recoverable as special damages. You keep receipts. We claim the costs. And remember – you can apply to access compensation early to pay for ongoing therapy if the court approves.

Educational Impact

Time missed from school. Private tutoring if they fell behind. Additional support costs. If the reaction affected their education, those costs are claimable. We quantify the impact with school records and tutor invoices.

Assessed Individually

Every claim is different. Two children might react to the same food at the same school. Their compensation could differ significantly if one needed intensive care while the other recovered quickly. We assess based on what actually happened to your child. The goal is fair compensation reflecting their experience.

“Every claim is assessed individually. The goal is fair compensation reflecting what actually happened to your child.”

The Claim Journey

How the Claim Actually Works

The child claim process follows six clear stages. Most straightforward claims complete stages 1-5 within 2-6 months, then court approval – timing varies by court location.

Our Role Throughout

Chris or David handles your claim personally. Not passed to juniors. We gather evidence, negotiate with insurers, prepare court paperwork, fully brief the barrister who attends the hearing with you. Direct mobile access throughout. You make the key decisions – we do the legal work. That’s how we’ve worked since 2007. Deliberately small. Properly personal.

“We don’t accept lowball offers. We push for fair value based on evidence and the Judicial College Guidelines. Most claims settle through negotiation – no court proceedings needed.”

Ready to discuss your child’s claim? Call us on 01663 761890 or email chris@candcsolicitors.co.uk or dhealey@candcsolicitors.co.uk. We’ll explain everything clearly, answer your questions, and tell you straight whether your child has a claim. No legal jargon. No pressure. Just honest guidance.

Your Questions Answered

Related Essential Guides

Everything you need to understand nut allergy compensation claims

Your Solicitors

Every child nut allergy claim at Carter & Carter is handled personally by Chris or David – never passed to junior staff. With over 50 years combined experience in personal injury claims, you get direct access to senior-level expertise from day one.