Non-Accidental Injury Solicitors

At a Glance

• Urgent Defence: Specialist legal representation for parents facing NAI allegations and Care Proceedings.

• Medical Forensics: We work with independent experts to challenge incorrect medical findings (e.g., Vitamin D deficiency, EDS).

• Legal Aid: Assessment for automatic legal representation in Care Proceedings (Public Law).

• Nationwide Reach: Immediate assistance available from our offices across the UK.

What is a Non-Accidental Injury (NAI)?

A Non-Accidental Injury (NAI) is a legal classification used in family law when a child sustains physical harm, such as fractures, bleeds, or bruising, that medical professionals determine was inflicted deliberately or through negligence. In Care Proceedings, the Local Authority must prove on the “balance of probabilities” that the injury was not accidental to meet the threshold for state intervention.

Understanding the Law: The Threshold Criteria

Being accused of causing a Non-Accidental Injury is one of the most distressing situations a parent can face. It triggers immediate involvement from Social Services and often leads to Care Proceedings under the Children Act 1989.

To intervene in family life, the Local Authority must prove the “Threshold Criteria” is met under Section 31 of the Children Act 1989. They must demonstrate to the Court that:

1. The child is suffering, or is likely to suffer, significant harm; and
2. That harm is attributable to the care given to the child, or likely to be given to them if the order were not made.

Standard of Proof: “Balance of Probabilities”

It is a common misconception that the court must prove abuse “beyond reasonable doubt” (the criminal standard). In Family Court, the standard is the “balance of probabilities.” The Judge only needs to be 51% sure that the injury was non-accidental and caused by a parent to make a finding against you. This makes expert legal representation vital.

The Legal Process: What is a “Split Hearing”?

Non-Accidental Injury cases are unique and typically involve a Split Hearing process. Cartwright King guides you through every step:

Stage 1: The Fact-Finding Hearing: Before deciding on the child’s future, the Court must determine what actually happened. This is a dedicated trial where the Judge reviews medical evidence and hears witness testimony to decide if the injuries were accidental or inflicted.

Our Role: We instruct independent medical experts to challenge the Local Authority’s evidence and provide alternative explanations.

Stage 2: The Welfare Hearing: If the Court finds no NAI occurred, the case often ends. If findings are made, the case moves to the Welfare Stage. Here, the Court decides where the child should live, based on the Welfare Checklist.

Key Entities: This stage heavily involves the Children’s Guardian (CAFCASS), who represents the child’s best interests independent of the parents and the Local Authority.

Challenging the Medical Evidence

Medical professionals, social workers, and police play a key role in identifying NAI, but they can get it wrong. Conditions that mimic abuse are frequently missed during initial examinations.

We work with leading independent experts-including Radiologists, Paediatricians, and Geneticists-to identify if the “injuries” are actually caused by underlying medical issues, such as:

• Ehlers-Danlos Syndrome (EDS): A connective tissue disorder causing easy bruising.
• Vitamin D Deficiency / Rickets: Leading to brittle bones and unexplained fractures.
• Osteogenesis Imperfecta: Brittle bone disease.
• Birth Trauma: Injuries sustained during delivery that present later.
• Coagulation Disorders: Blood issues that cause unexplained bleeding.

The “Pool of Perpetrators”

What if the Court can’t say who did it?

In many NAI cases, the Court may decide that an injury was non-accidental but cannot determine exactly which parent (or carer) caused it.

If you remain in the “Pool of Perpetrators,” the Local Authority may still view you as a risk. Our strategy focuses on exoneration providing evidence to remove you from this pool entirely so you can care for your child.

Legal Setting	Standard of Proof	What it Means
Criminal Court	Beyond Reasonable Doubt	The jury must be 99% sure you are guilty.
Family Court	Balance of Probabilities	The Judge only needs to be 51% sure (“more likely than not”) that you caused the injury.

What to Do If You Are Accused of NAI

If Social Services or the Police suspect NAI, you must act immediately to protect your family unit.

• Preserve Evidence: Keep records of the child’s medical history, recent accidents, and development.
• Seek Specialist Legal Advice: Do not rely on general family lawyers. You need specialists in Public Child Law and NAI.
• Do Not Discuss the Case: Do not discuss the details with social workers, police, or medical staff without your solicitor present. What you say can be used as evidence in the Fact-Finding Hearing.

Frequently asked questions.

Will I go to prison if the Family Court decides I caused the injury?

Not necessarily. The Family Court and Criminal Court are separate jurisdictions. The Family Court’s priority is the safety of the child, not punishment. However, if the Family Court makes a “finding of fact” against you, the police may use that evidence to pursue a separate criminal investigation. This is why having a solicitor who understands the interplay between Family and Criminal law is vital.

What is the difference between a fracture and a break?

Medically, there is no difference; a fracture is a break in the bone. However, in Non-Accidental Injury (NAI) cases, the type of fracture matters significantly. “Spiral fractures” or “metaphyseal fractures” are often flagged by doctors as suspicious or indicative of abuse. We work with independent experts to prove these could have been caused by other factors, such as brittle bone conditions (Osteogenesis Imperfecta) or Vitamin D deficiency.

Can I get Legal Aid for Non-Accidental Injury cases?

Yes. If the Local Authority has issued Care Proceedings (taken you to court), you are entitled to automatic non-means-tested Legal Aid. This means you do not have to pay for your legal representation or the cost of the independent medical experts we instruct to defend you, regardless of your income or savings.

What happens at a Fact-Finding Hearing?

A Fact-Finding Hearing is a dedicated trial where the Judge hears medical evidence and witness statements to decide if the Local Authority has proved their case. The Judge must be satisfied on the “balance of probabilities” (more likely than not) that the injuries were non-accidental. If they cannot prove this, the case against you may end, and your child could return home.

Social Services say I can’t see my child. Is this legal?

The Local Authority has a duty to promote contact between you and your child unless it is unsafe. In NAI cases, contact is often supervised while investigations are ongoing to ensure the child’s safety. However, they cannot stop contact entirely without a Court Order or your agreement. We can fight to ensure you maintain meaningful contact during proceedings.

How Cartwright King Helps

At Cartwright King, our Child Care solicitors are specialists in complex NAI cases. We understand the interplay between complex medical data and the law. We fight to ensure the Court hears the full story, not just the Local Authority’s version.

Legal Aid & Funding If the Local Authority has issued Care Proceedings, you are likely entitled to automatic Legal Aid, regardless of your income. This ensures you have access to the highest quality defence without the financial burden.

Get Immediate Expert Advice

If Social Services are involved or you have been invited to a “PLO Meeting,” do not wait. Time is critical in NAI cases.

Contact our specialist Child Care team today on 0333 270 2570 for a confidential consultation.

About Our Expert

Director (London and South East) Ravi Kaur Mahey is a leading Solicitor-Advocate specialising in complex Children Law, forced marriage, FGM, and international child abduction. She leads a specialist practice across the South East, providing strategic advice in high-stakes public law cases involving non-accidental injuries and fabricated illness. Recognised by The Legal 500 and Chambers and Partners, Ravi is known for her creative legal solutions and commanding courtroom presence. She delivers robust representation from the earliest stages of state intervention through to complex appellate proceedings. Ravi is also an award-winning legal commentator and speaker, actively campaigning on neurodiversity and the impact of poverty within the family justice system