What to Do If Social Services Suspect a Non-Accidental Injury

Legally reviewed by: Ravi Kaur Mahey May 2026 In: Child Care

If social services suspect that your child has suffered a non-accidental injury (NAI), early legal advice is critical. Investigations can move quickly, and the decisions made in the first few days can have a large impact on the outcome of your case.

Cartwright King Solicitors provides specialist representation for parents and carers facing NAI investigations and care proceedings across England and Wales. Legal Aid is available for these cases, meaning you may be entitled to free legal representation.

A non-accidental injury (NAI) is an injury that doctors or social services believe was not an accident. If a child arrives at hospital or a GP with an unexplained injury, professionals are legally required to investigate.

This does not mean abuse has happened. Some injuries have innocent explanations, for example, accidents during normal care, or an underlying health condition that has not yet been diagnosed. Professionals must look into it the injury fully before reaching any conclusion.

Injuries that may raise NAI concerns include:

Bruising in unusual places, such as the ears, neck or buttocks
Burns or scalds with no clear explanation
Broken bones that don’t match the explanation given, especially in young babies
Head injuries
Injuries that look deliberate or form a pattern

If social services have contacted you, or your child was referred after a hospital visit, it’s important to get legal advice before speaking to any professionals.

Once a referral is made, a number of things are likely to happen quickly and understanding this process can help you feel more prepared.

Medical Assessment

Specialist paediatricians will examine your child and review their full medical history. They will consider whether there is any explanation such as a bone condition, bleeding disorder, or other medical cause that could account for the injury. These assessments are thorough and can take time.

Speaking With Parents and Carers

Social services will want to speak with you to understand your account of how the injury occurred. You are not obliged to answer questions without a solicitor present. Cartwright King Solicitors strongly advise you to seek legal representation before any formal interview or assessment takes place.

Section 47 Enquiry

If social services believe a child may have suffered or is at risk of significant harm, they will initiate what is known as a Section 47 enquiry under the Children Act 1989. This is a formal investigation into the child’s welfare and safety.

Child Protection Conference

Following the investigation, a child protection conference may be held. Professionals from health, education, and social care will meet to discuss whether the child’s name should be placed on the child protection register and what support or intervention is needed.

Will Social Services Take My Child Away?

This is the question most parents ask first, and understandably so. Social services do not automatically remove a child when NAI is suspected. In many cases, children remain at home while investigations take place, sometimes with a safety plan in place.

However, if professionals believe a child is at immediate risk, the local authority may apply to the court for an Emergency Protection Order (EPO) or an Interim Care Order (ICO). If this happens, your child may be placed temporarily with a family member, kinship carer, or in foster care.

Having a specialist non-accidental injury solicitor acting for you from the earliest stage significantly increases your ability to influence these decisions. Our team of solicitors can attend meetings, help challenge assessments, and make sure your side is clearly communicated to the court.

What Happens if the Matter Goes to Court?

If concerns cannot be resolved through initial assessments, the local authority may issue care proceedings under the Children Act 1989. Here is what to expect at each stage.

1. Issuing Proceedings

The local authority files an application with the family court, setting out why they believe the court needs to be involved. You will receive the court documents and be required to attend the first hearing. Legal Aid is available at this stage and Cartwright King Solicitors can apply on your behalf.

2. Case Management Hearing

At the first hearing, the court will consider the immediate safety of the child, whether any interim orders are needed, where the child should live while proceedings continue, and what expert evidence and assessments are required.

3. The Fact-Finding Hearing

If the court cannot determine how an injury occurred from the papers alone, a fact-finding hearing will be listed. A judge will examine all of the evidence. This means looking at medical expert reports, witness accounts, and your own evidence. This is done to determine:

What injuries the child sustained
Whether those injuries were accidental or non-accidental
If non-accidental, who caused them, or whether this cannot be determined (known as the “pool of perpetrators”)

You may be required to give evidence and be cross-examined at this hearing. Having an experienced NAI solicitor prepare you thoroughly for this process is essential.

4. The Final Hearing (Welfare Stage)

Once the facts are established, the court moves to the welfare stage where they decide what long-term arrangements best protect the child. This may result in the child returning home, living with a family member under a Special Guardianship Order, remaining in foster care, or in more serious cases, being placed for adoption.

Sometimes the fact-finding and final hearing are heard together. This is known as a composite hearing.

Can I Get Legal Aid for NAI Care Proceedings?

Yes. Legal Aid is available for parents and carers who are respondents in care proceedings, regardless of your income or savings. This means that in most cases, your legal representation will be fully funded and you will not have to pay solicitors’ fees yourself.

At Cartwright King Solicitors, we are specialist Legal Aid providers in child care and NAI proceedings. We will assess your eligibility and handle the application process for you.

Frequently Asked Questions

What should I do first if social services contact me about a suspected NAI?

Contact a specialist non-accidental injury solicitor before answering questions or attending any meetings. You have the right to legal representation throughout this process.

Can a non-accidental injury be caused by accident?

Yes. Sometimes injuries that raise NAI concerns have innocent explanations, including medical conditions such as osteogenesis imperfecta (brittle bone disease), vitamin D deficiency, or accidental trauma during normal care. Expert medical evidence is very important in these cases.

How long do care proceedings take?

Care proceedings are subject to a 26-week time limit under the Children Act 1989, though extensions can be granted where necessary. Cases involving complex medical evidence, such as NAI proceedings, may take longer.

What is the “pool of perpetrators”?

In cases where a non-accidental injury is found but it cannot be determined who caused it, the court may identify a “pool” of possible perpetrators. This is usually all adults who had care of the child at the relevant time. This is a significant legal finding and requires experienced representation.

Will I lose my other children if NAI is suspected?

Not necessarily. Each case is assessed individually. Social services will consider the risk to any other children in the household, but the outcome depends on the full circumstances of the case, the findings of any fact-finding hearing, and what protective factors are present.

How Cartwright King Solicitors Can Help

Facing an allegation that your child has suffered a non-accidental injury is one of the most distressing experiences a parent or carer can go through. You may feel that the system has turned against you before the facts have even been established.

At Cartwright King Solicitors, our specialist non-accidental injury solicitors understand how high the stakes are when it comes to cases involving children. We provide clear legal representation from the first social services visit through to the final court hearing and fight hard to achieve the best possible outcome for you and your family.

We represent parents and carers across England and Wales and can advise you on Legal Aid eligibility.

Contact Cartwright King Solicitors today on 0345 894 1622 or use our online contact form to speak with a member of our specialist child care team.

Cartwright King Solicitors is authorised and regulated by the Solicitors Regulation Authority. This article is intended as general legal information and does not constitute legal advice. If you are facing care proceedings or a suspected NAI investigation, please contact us directly for advice specific to your situation.