When a child suffers an injury, the expectation is that it was caused by an accident—unexpected and unintentional. However, there are times when the explanation for an injury does not match the medical evidence, raising concerns about non-accidental injury (NAI). At Pepperells Solicitors, we understand how distressing and overwhelming it can be to face allegations of NAI. Our team is here to provide clear, expert support and legal advice throughout this challenging process.
What Is Non-Accidental Injury?
Non-accidental injury refers to any physical harm deliberately inflicted on a child, or harm that a parent or carer knowingly failed to prevent. These injuries are not consistent with accidental explanations and often prompt concerns from healthcare professionals, social services, or law enforcement. Common examples include:
- Fractures and broken bones
- Bruising in unusual patterns or locations
- Skull fractures
- Shaken baby syndrome
- Smothering or poisoning
- Torn frenulum (the tissue connecting the lip to the gum)
- Unexplained infant death
Medical professionals are trained to identify signs that suggest an injury may not have happened by accident, especially when the explanation given does not fit the evidence.
The Legal and Emotional Impact
Being accused of causing a non-accidental injury can be incredibly stressful and daunting. Such allegations often trigger immediate investigations by social services and may lead to family court proceedings, child protection measures, or even criminal charges. The local authority may apply for an interim care order, and in some cases, children may be placed with relatives or in foster care while investigations are ongoing.
Key points to remember:
- Investigations can move quickly, sometimes before your child is discharged from hospital.
- Both family and criminal proceedings may occur simultaneously.
- The court’s primary concern is the child’s welfare and safety.
Why Early Legal Advice Matters
If you are accused of NAI, seeking specialist legal advice immediately is crucial. At Pepperells Solicitors, we:
- Listen to your account without judgment and treat your case with sensitivity and respect.
- Work with leading medical experts to thoroughly investigate all possible explanations, including rare medical conditions that may mimic abuse.
- Guide you through the legal process, from initial investigations to court hearings, ensuring your rights are protected at every stage.
- Help you understand the difference between the standards of proof in family court (balance of probabilities) and criminal court (beyond reasonable doubt).
Each NAI case is unique, and a robust defence often requires input from a range of medical specialists—such as paediatricians, radiologists, and geneticists—to explore all possible causes for the injuries.
How Pepperells Solicitors Can Help
- 24/7 Support: Our team is available around the clock and can travel anywhere in the UK to assist you.
- Experience: We are vastly experienced in defending NAI cases and know which barristers and medical experts are best suited for your situation.
- Comprehensive Investigation: We leave no stone unturned, considering every possible alternative explanation for your child’s injuries.
- Compassionate Representation: We understand the emotional toll these cases take and are committed to supporting you every step of the way.
What To Do If You’re Accused
- Contact a solicitor immediately: Do not wait for court proceedings to begin. Early advice can make a significant difference to the outcome of your case.
- Cooperate with investigations: While protecting your legal rights, provide a clear and consistent account of events.
- Gather evidence: Any medical records, witness statements, or other documentation may be vital in your defence.
If you or someone you know is facing allegations of non-accidental injury, contact Pepperells Solicitors for expert, compassionate legal advice. We are here to defend your rights and help you navigate this complex and sensitive area of law.
Call our 24-hour team for free, confidential advice, or visit our website to learn more about how we can support you.