The Hot Seat

In recent memory parents would simply place their young child in a loose bassinet on the back seat of their car. The law has changed enormously in the last few decades creating something of a minefield for new parents.

Rachel Coombes
Rachel Coombes Solicitor

The Hot Seat

By Rachel Coombes

Published: 07 Dec 2022

There are now 3 stages in a child’s development where the law says that particular care should be taken:

Stage 1

From the moment they are born to the time they reach 15 months of age, children must use a rear facing car seat, unless they are in the passenger seat of a car with a passenger side airbag facing forwards. (Never fit a rear-facing child seat in the front if there is an active airbag on the passenger side of the car.)

Stage 2

After the 15-month point, children may face forwards but it all comes down to how much your child weighs as to which car seat is appropriate. An expert form Britax, the car seat manufacturer, say “We recommend parents look for highback booster seats with deep protective side wings, head support and seat belt guides to ensure the best protection for their children."

The law had changed some years ago due to experts warning that backless booster seats were not secure, rendering them unsafe for young children. In the event of a side-on crash, a standard seat belt offers little protection for a child as it is not guided across the body in the same way as a booster seat.

Stage 3

When a child reaches more than 22kg and taller than 125cm they must have a backless booster seat with the normal seat belt across them.

Children of 12 years OR taller than 135cm do not need a 
child seat.

Unfortunately, much like that beloved first pair of shoes, car seats seem to fit one minute and then not the next, but most importantly this would not amount to a defence should your child be incorrectly fastened. The penalty for a poorly restrained child is anything from a £30 fixed penalty notice up to a £500 fine should the case go to court

Your insurance may also not pay out for any claims if the injured child is not in a correct seat. The responsibility lies with the driver of the car for ensuring the children are sitting in the age-appropriate car seat and wearing a seatbelt. In a civil case, a mother was negligent in using a booster child seat to restrain her child on a car journey instead of a child seat. As the injuries sustained by the child would have been largely avoided with the correct car seat, the court ordered the mother pay 25% of the damages even though she did not cause the accident.

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