Non-accidental injury to children

Local Authorities have a statutory duty to investigate any unexplained injury to a child so as to ensure their future safety.

When a child has a serious injury, parents and carers can find themselves in the spotlight, under suspicion or accused of abuse and non-accidental injury (NAI) as part of local authority care proceedings. This can happen when doctors consider that the explanation which they have received is inconsistent with the injuries they have reviewed. However, such cases are often medically complex. For example, where a child has an undiagnosed condition that makes them vulnerable to fractures or bruising.

Alongside your concerns for the child’s health and potentially conflicting medical opinions, it can be difficult and stressful to understand your rights and options at such a time.

The expert solicitors at Miles & Partners are experienced in all aspects of the law regarding children, and we can support parents and carers who have been accused of injuring their own child or a child in their care.

Examples of non-accidental injury to children include:

brain injury;
bruising or fractures;
bite marks;
fabricated or induced illness; or
unexplained infant death.

Who we can help

We support parents, grandparents, other relatives, and carers when there are suspicions of non-accidental injury.

We also act separately for children who are old enough and have sufficient understanding to instruct a solicitor themselves. Generally, this applies to teenagers only, but sometimes children as young as 10 can be found to be of sufficient understanding.

How we can help

Our expert solicitors have a wealth of experience in non-accidental injury matters. We can help you navigate any care proceedings issued by the local authority. We have specialist knowledge of world renowned experts from whom we can help you apply for medical reports, which may help provide an explanation for any injury identified.

You should contact us as soon as you can if your child has been injured and the local authority have become involved as a result. Do not wait for court proceedings to start but contact us straight away so we can advise you in the early stages of any child abuse investigation.

Funding for legal advice or representation

Legal Aid funding is available for parents and others with parental responsibility for the child if their local authority is accusing you of non-accidental injury. If care proceedings or the Public Law Outline pre proceedings process are commenced, you will be entitled to non means tested legal aid and will therefore have free representation.