Non-accidental injuries (NAI) to children
What is a non-accidental injury?
A non- accidental injury is inflicted deliberately and not as a result of an accident.
Non-accidental injuries include:
- Unexplained bruising, burns, bites, bruises in the shape of a hand or implement;
- Injury resulting from a shake to a baby;
- Bone fractures particularly in a non-mobile child;
Kings Solicitors are experienced in the use of medical experts to determine the difference between an accidental injury or an alleged non-accidental injury.
The types of experts instructed include: radiologists; paediatricians; neuro-radiologists; haematologists; ophthalmologists; and geneticists. Kings Solicitors work closely with experts to choose the right specialist for your case.
If the local authority and the social workers have indicated that they believe your child has non-accidental injuries and are seeking to remove your children, you can contact Kings Solicitors for urgent legal advice and to ensure you are properly represented.
If the Police want to interview you about any allegation of non-accidental injury related to your child, it is essential you speak to us first in confidence before agreeing to be interviewed. We provide free 24-hour expert advice and free attendance at the Police Station.
We have unrivalled expertise in providing advice to parents and relatives including grandparents on Social Services and Police involvement. We can respond immediately to an emergency 24 hours a day, 7 days a week.
If an injury has occurred to a child in your care and you are not the birth parent of the child, it is important to seek expert advice from Kings Solicitors before speaking to social workers or the Police.
If you have already provided an account to Social Services or attended for interview at the Police Station, feel free to contact Kings Solicitors for free advice any time as this may not necessarily be the end of the matter.
Procedure
Depending on the nature of the allegations the Police may make your child the subject of a Police Protection Order (PPO) which can last for 72 hours which is 3 days. During this time, you will not be permitted to have any contact with your child. Your child may undergo medical examinations or be video interviewed by the Police.
Before the end of this period if your child is not returned the Local Authority i.e., Social Services may issue an application to Court for an Emergency Protection order (EPO) or seek your agreement to sign a section 20 Agreement to place your child with a friend or family member or foster carers. Social Services may later decide to issue an application for an interim Care Order to place the child with foster carers.
Social Services may ask the parent who is the subject of the allegation or abuse to leave the matrimonial home and have reduced or no contact with the child whilst the investigation is on-going and may be deemed a risk. Seek expert advice from Kings Solicitors on your rights in these circumstances.
You will need expert advice from Kings Solicitors whilst the allegations are under investigation to have your child placed with a family member or friend if available rather than interim foster care.
Kings Solicitors have unrivalled expertise in advising at the police station and providing you representation in Care Proceedings.
Why Choose Us
FAQs
What is a non-accidental injury (NAI)?
A non-accidental injury is an injury that is believed to have been caused deliberately rather than by accident. It often involves unexplained bruises, fractures, burns or injuries in a non-mobile child.
Who decides if an injury is non-accidental?
Doctors and medical experts give opinions on whether an injury is likely to be accidental or non-accidental. Social Services and the court then consider this alongside all other evidence.
Can my child be removed from my care because of suspected NAI?
Yes. If professionals believe your child is at risk, they may use Police Protection, Emergency Protection Orders or Care Proceedings to remove or restrict contact.
What is a Police Protection Order (PPO)?
Police Protection allows the Police to remove a child for up to 72 hours if they believe the child is at immediate risk of significant harm.
What is an Emergency Protection Order (EPO)?
An EPO is an urgent court order that allows the Local Authority to remove or keep a child in a safe place while investigations continue.
Should I sign a Section 20 Agreement?
You should always obtain legal advice before signing any Section 20 Agreement, as it could mean your child is accommodated away from you without court oversight.
Do I need a solicitor if Social Services are investigating NAI?
Yes. Early specialist advice is crucial to ensure your rights are protected and to help you respond properly to Social Services and the Police.
Can Kings Solicitors help if I’ve already spoken to Social Services or the Police?
Yes. You should contact us as soon as possible. We can still advise you, represent you in Care Proceedings and help manage the impact of anything you have already said.
