Defending allegations of injury, abuse or neglect - children

Proceedings for non-accidental injury cases

These injuries can have a life-long impact on the child in question and so if your child or another child you are concerned about have suffered any of the above injuries, and other conditions have been ruled out, it is important to find out how the injuries were sustained and who, if anyone, is responsible.

A finding of fact hearing will consider if there is any evidence surrounding the allegations of the non-accidental injury. Any person who is at risk of a finding against them must have the opportunity to be a part of the proceedings and be given the chance to make their case. It is vital that they seek legal advice and representation. If a vulnerable adult is at risk of a finding against them they should be provided with help in the form of an intermediary.

To make a care order the court will need to prove that the child suffered either at the hands of their parents or other carers without needing to establish exactly who it was that caused the child harm. In these cases the ‘burden of proof’ falls on whoever has made the allegation of non-accidental injury which is in most cases the local authority. This means that it is the local authority’s responsibility to prove that the alleged perpetrator caused the injury and not the alleged perpetrator’s responsibility to prove that they did not cause the injury.

If evidence does not point to a single individual the court will try to identify a ‘pool of possible perpetrators’. This will allow the court to determine whether the parents or carers for the child were to blame for the injuries or whether the injuries may have occurred at the hands of another group of individuals such as somebody at nursery or school.

If you as a parent, relative or carer of a child who has suffered a non-accidental injury are identified as being in the ‘pool of possible perpetrators’ it can seriously damage your family life, now and in the future in the event that findings are made that you have caused the injuries. It is therefore vital that you seek urgent advice and representation.

Why choose Stephensons?

Stephensons work with specialists who are dedicated to working with parents, relatives, carers and children to obtain the relevant evidence needed to investigate such cases. We offer reassurance to all our clients by clarifying any concerns and explaining our actions every step of the way whilst offering legal support, advice and representation at court.

Our family team includes accredited members of The Law Society’s Children Panel and Resolution. We continue to work hard to protect children at risk of abuse and strengthen families by finding different ways in which we can provide a service to clients who are seeking access to justice.

For a free, no obligation initial chat with one of our legal advisors call us on 0203 816 0548.

Our experience

Recent case study - Baby's injury proven to be accidental: Mrs. H was visiting her family in Manchester for a week. She had her baby, J, aged eight months and her two other children, three and five. She was staying with her mother, grandmother and younger brother. Her two sisters lived close by with their families. Read more