Non Accidental Injuries means harm that has been intentionally inflicted on a child or has happened because the child was neglected.

As a parent, being accused of ‘non-accidental’ injuries to your child can be a confusing and overwhelming experience. These cases involve complex medical evidence, a young child who may not be able to communicate what happened and a lack of credible explanation from caregivers. The purpose of this blog is to provide parents with the knowledge needed to navigate the court process.

What is a non-accidental injury (NAI)?

NAIs means harm that has been intentionally inflicted on a child or has happened because the child was neglected. These injuries can be physical such as bruises, burns, or fractures. It could also be emotional through signs of distress, fear, or sudden changes in behaviour.

It’s important to note that not all injuries are a sign of NAI. Children are often hurt while playing or engaging in other activities. However, professionals look for certain signs that may indicate the possibility of NAIs when there is cause for concern. This includes:

• inconsistent explanations for an injury

• multiple fractures of differing ages

• unusual bruises that appear in areas that are not typically injured during play

• distinctive burns that are caused by cigarettes, hot objects, or chemicals

• if there are suspicions of fabricated or exaggerated illness.

The legal perspective on NAIs

When NAIs are suspected or identified, legal and protective measures are triggered to ensure the child in question and any siblings are safe. The local authority, when alerted, begin a thorough investigation involving social workers, healthcare professionals, and possibly the police. This investigation aims to assess the risk and implement immediate protective measures if necessary. If concerns of NAI are substantiated, the matter often goes to the family courts.

The court’s role in cases of NAIs

The court’s role is to decide if the child is safe with their family. When court proceedings are issued, the local authority may apply for an interim care order. This legal step is taken to allow the local authority to share parental responsibility for the child in question and their siblings and decide where they should live while matters are being investigated.

The court will look at all the available evidence, including reviewing medical and police records. Parents will be required to provide a statement about what happened. An expert may also be instructed to examine the available evidence if it’s needed to help the court to resolve the proceedings fairly. The type of expert instructed will depend on the nature of the injury.

The court will try to determine, on the balance of probabilities, who the perpetrator is from a group of people who may have had the opportunity to hurt the child. These people may be invited to join in with proceedings as intervenors. Some possible perpetrators may not become a party to proceedings; however, they may be asked to give evidence at the fact-finding hearing.

If a judge decides that the injuries were caused by a medical condition or as the result of an accident, the proceedings will end here. If the judge decides that the injuries were non-accidental and has determined who the perpetrator(s) is, then a further stage, the welfare stage, is arranged to determine where the child should live.

Conclusion

Facing allegations of non-accidental injuries is a daunting prospect for any parent. It is crucial to actively engage in this process to demonstrate a commitment to resolving the concerns raised.

Understanding the seriousness of these matters, the legal processes involved, and your rights can make a significant difference to the outcome. Legal Aid is available to parents that find themselves in these circumstances.

Contact us on 0800 138 0458 and ask to speak to a member of our specialist Child Care Department to discuss your matter further.