A parent can claim compensation on a child's behalf

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A parent can claim compensation on a child's behalf

Q MY son had an accident two years ago in a shop.

This left him permanently scarred.

I got in touch with an accident claims firm, but they would not take the case as my son was aged just eight. I have written to, e-mailed and phoned the shop but have never had a reply. Can I claim compensation on my boy's behalf?

A You can act as his legal guardian and pursue compensation, of course.

Indeed, legal aid may be available for at least the investigative part of the claim, as your son has no income and no capital to get in the way of his eligibility for cover. It is fairly routine in our firm, and many others, to do this kind of work.

Q A couple of weeks ago my car was hit with a stone. It was children who did it and they are not being charged. My own children were in the car and were terrified. The police are unwilling to give us names so I cannot get in touch with their parents and sue them.

A The police are not obliged to give you this information. You would be entitled to write to the Reporter to the Children's Panel www.scra.gov.uk who take the cases of children who are to be brought to the Panel, in case they see fit to look into it. You can also contact your local authority to see if they are prepared to take action by way of an ASBO, a dispersal order and/or parenting orders. All of these involves you in a huge amount of hassle with unlikely prospects of success.

You might want to count to 10 and put it down to experience.

Q MY neighbour has erected a terrible-looking fence on our back garden boundary without asking me. We both are owners, and I can't see anything in our title deeds about the right to build a fence or wall between us.

A AS long as it is less than 6ft, your neighbour can erect a fence within their own boundaries (a different case if it straddles your side as well, though) without planning permission or your agreement.

But they are not entitled to step on to your property either to build or maintain it without your consent.

Q MY partner was violent to me a couple of months ago. He has been prosecuted and a court hearing is coming up. I wanted him out of the house at the time but now we are reconciled and I don't want the case to go on.

A Once the police pass the case on to the procurator fiscal, it is the fiscal's decision whether the case goes ahead.

Prosecution is done in the public interest, and not on your personal behalf, so you don't have the right to stop it.

You now have the status of a witness, and must come to court and speak up if cited by the fiscal.

I suggest you write to the fiscal's office and state your position.

Contextual targeting label: 
Families

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