It is vitally important for parents to seek independent legal advice when facing allegations of non-accidental injury (NAI) for several reasons:
- Immediate and Serious Consequences: Allegations of NAI can lead to the removal of children from the family home, either to relatives or foster care, often before court proceedings even begin. The local authority may apply for an interim care order, and these processes can move extremely quickly, sometimes before the child is discharged from hospital.
- Complex and Specialist Area of Law: NAI cases involve complex medical evidence, legal standards, and procedures. Family and criminal proceedings often run in parallel, requiring parents to have separate legal representation for each. Only solicitors with experience in this area can ensure that all procedural and evidential requirements are met.
- Challenging Medical Evidence: Determining whether an injury is accidental or inflicted often hinges on expert medical opinions. Independent legal advice ensures parents can access their own medical experts who may identify alternative explanations for the injury, such as rare medical conditions or inherited disorders, and challenge the evidence presented by authorities.
- Protecting Parental Rights: The outcome of NAI cases can have permanent effects on parental rights and family life. Courts may impose restrictions, remove children from parental care, or even pursue criminal charges. Experienced solicitors can help parents understand their rights, present their case effectively, and challenge any unfair or incorrect assumptions made by social services or medical professionals.
- Ensuring Fair Process: Legal representation ensures that parents’ voices are heard, their accounts are fairly represented, and their rights are protected throughout investigations and court proceedings. Solicitors can also advise parents on how to cooperate with authorities without compromising their legal position.
- Access to Legal Aid: In many cases, parents are eligible for legal aid, making it possible to access specialist legal advice and representation without financial barriers.
“It is extremely important, from the point of view of the parents, that they receive comprehensive legal advice so that all possible explanations can be considered, and any relevant expert evidence obtained”.
In summary: Seeking independent legal advice is essential to ensure parents are properly represented, have access to expert evidence, and are best positioned to protect their children and their family life during these highly sensitive and complex proceedings.
Call our 24-hour team for free, confidential advice, or visit our website to learn more about how we can support you.