Children and tribulations
Question
Can I make a small claim to recover costs incurred by damage caused by a child? Do I claim directly against the child or make a claim against the parents?
Answer
The answer to your question depends on the age of the child. This is because, in criminal law, anyone under the age of 10 cannot be criminally responsible for their actions. This isn't the case in civil proceedings where being old enough to know what they were doing would make them liable.
If you feel that the child is too young then you can make a claim against the parents. In doing so, you would claim negligence and any damages caused by the child's actions. Alternatively, it might be better to try and resolve this issue informally. If you've tried this option and failed, then you may have no other recourse than the courts.
Prior to any court action, you would be advised to write two letters to whomever you are claiming against. The first letter should detail the situation, the damage caused and any costs incurred in dealing with the damage. If this doesn't resolve the issue, a second letter entitled 'Letter Before Action', outlining the same points as above should be written, giving the child or parents 10 working days to reply positively before going to the court. You'll need to keep a copy of the letters and you should send them by recorded delivery.
If you do end up going to the small claims court, you can find out more about making a claim and the forms required on the court service website.
Updated: 14/09/2005
Question answered by CAB
