Representing a Father in Complex Care Proceedings Involving Non-Accidental Injuries
We provide a free legal aid assessment for child care cases, helping you find out if you’re eligible for support with your legal fees.
Complex Care Proceedings Involving Non-Accidental Injuries
In a recent case, Chet Desai represented a father in highly sensitive care proceedings after his child was admitted to hospital following routine vaccinations. During this time the child was found to have sustained rib fractures and bruising. This resulted in investigations into non-accidental injury.
Initial Non-Accidental Injury Concerns and Investigation
Medical professionals, which include independent experts, assessed the injuries and concluded they were likely to be non-accidental. The case proceeded to a fact-finding hearing to establish how the injuries occurred and who was responsible.
Interim Care Arrangements
Initially, the child was placed with a family member under a voluntary Section 20 agreement, but later moved into foster care as the investigation progressed. The independent medical reports confirmed that the injuries, particularly the rib fractures, were likely to be inflicted rather than accidental.
The Fact-Finding Hearing and Lancashire Finding
At the fact-finding hearing, the Court delivered a ‘Lancashire’ Finding, identifying both parents as potential perpetrators of the child’s injuries because the judge couldn’t definitively determine who caused them, acknowledging a “real possibility” of their involvement. However, the Local Authority agreed to amend their findings by removing two of the three bruises from consideration, following expert paediatric evidence that suggested they could be linked to recent vaccinations rather than caused deliberately.
Resolution and Return Home
With no further concerns raised by the Local Authority and a positive risk assessment undertaken, they filed final evidence. The evidence indicated that they would not be pursuing any further public law orders. A plan was then put in place to facilitate the baby’s return home to the care of the parents.
Chet Desai conducted much of the advocacy in this matter. He helped the client to navigate a complex and emotional case with a positive outcome for the family.
Frequently asked questions.
What is a ‘Lancashire’ Finding?
A ‘Lancashire’ Finding is a specific legal determination made in child injury cases when a judge cannot definitively identify which person from a pool of potential perpetrators caused the harm. While the judge acknowledges a “real possibility” that each individual in the pool could be responsible, they lack the evidence to prove one person’s culpability over another. This finding means the court recognises a risk associated with each individual who cannot be excluded as the cause of the child’s injuries.
Is Legal Aid Available for Child Care Cases?
Legal Aid is available free of charge for parents if the Local Authority has applied for a Care Order or a Supervision Order. Other parties involved in Care Proceedings can also apply for Legal Aid subject to a means and merits test.
What is Non-Accidental Injury?
A Non-Accidental Injury (NAI) refers to any physical harm or abuse inflicted on a child deliberately, rather than accidentally. Examples of NAI can include:
- Skin injuries such as; bruises, blisters, bites, burns, or cuts that cannot be explained by normal childhood accidents
- Head injuries (sometimes head injuries are referred to as shaken baby syndrome)
- Brain injuries
- Bone injuries such as fractures, including skull, metaphyseal, rib and spiral fractures
- Fabricated or induced illnesses
- Poisoning or suffocation
Medical professionals, social workers, and law enforcement agencies play a key role in identifying and investigating suspected cases of NAI. If there is any concern that a child has suffered harm, safeguarding procedures may be initiated. These can result in legal proceedings to determine the child’s welfare.
What to Do If You’re Accused of Non-Accidental Injury?
Being accused of causing a non-accidental injury to a child is an very serious and distressing situation. If social services or the police suspect that a child has suffered intentional harm, legal action may be taken. This can include child protection proceedings or criminal charges made against you.
At Cartwright King, our child law solicitors are specialists in non-accidental injuries (NAI). We provide expert legal representation for parents and guardians who have been wrongly accused of causing injury to their child, including cases of Fabricated or Induced Illness (FII). Our team has in-depth knowledge of the medical conditions that may be mistaken for abuse, and we work with leading medical professionals to challenge any incorrect findings. Furthermore, our child law team collaborates with expert barristers, including KCs, to ensure the strongest defence is put forward for our clients.