Navigating Non-Accidental Injury Cases

How D&N Solicitors Provide Expert Support

Imagine the heartbreak of a child’s injury, only to be accused of causing it. For caregivers, allegations of non-accidental injury (NAI) can be devastating, leading to life-altering consequences. 

At D&N Solicitors, we understand the emotional toll these cases take. We provide expert and compassionate legal representation to help families navigate this incredibly challenging process.

What is a Non-Accidental Injury?

The term “non-accidental injury” refers to harm caused by actions that are not accidental. As described by Ryder LJ in Re S (A Child) [2014] EWCA Civ 25, an accident is unexpected and unintentional, while an injury involves an element of wrong. This may include negligence, recklessness, or deliberate harm. These distinctions are critical in determining whether the threshold criteria under section 31(2) of the Children Act 1989 are met.

Medical professionals may question the caregiver’s explanation for the injury in these cases. If the explanation is deemed implausible, local authorities may intervene, potentially removing the child from the caregiver’s care while investigations are ongoing. This process is daunting and fraught with emotional and legal complexities.

The Process of Non-Accidental Injury Cases

Initial Concerns and First Steps

The process often begins when medical professionals notify local authorities about an unexplained injury. At the first court hearing, concerns are discussed, focusing on ensuring the child’s immediate safety. 

We advocate for the child to remain with family members during this period, preserving their bond with their caregivers wherever possible. In cases where the child cannot remain with caregivers due to insufficient medical evidence or lack of explanation, we ensure all possible family members and friends are assessed for suitability as interim carers.

Options like community-based contact and working agreements are explored to minimise disruption.

Gathering Evidence

Local authorities are responsible for proving their cases. This involves gathering evidence from multiple sources, such as ambulance services, GPs, hospitals, police, and midwifery records. At D&N Solicitors, we go above and beyond, meticulously reviewing this evidence and cross-referencing it with our clients’ records, such as photos, call logs, and messages, to ensure no detail is overlooked. 

This thorough approach not only reassures our clients but also instils a sense of security and confidence in the legal process, as they know their cases are handled with the utmost care and attention.

Caregivers are encouraged to provide a detailed account of events as early as possible, ensuring that all relevant information is documented. To assist with this, we often provide a calendar for cross-referencing key details, such as calls, messages, and photographs taken on the day of the alleged incident.

Independent experts are often instructed to provide their opinions on the cause of the injury. Conflicting expert reports are common, so we ensure these differences are identified and addressed in court. This detailed approach ensures our clients are fully prepared to present their cases effectively.

Fact-Finding Hearings

When explanations for the injury remain disputed, a fact-finding hearing may be necessary. We work closely with trial counsel at these hearings to ensure seamless communication and thorough preparation. Our family law team supports clients at every stage, providing clarity and guidance on complex issues, such as medical reports and oral evidence. We aim to ensure our clients feel heard, understood, and represented.

In these hearings, we also ensure that any delays or issues in communication between local authorities and caregivers are promptly addressed in court to prevent unnecessary strain on families.

Managing Concurrent Criminal Proceedings

In some cases, criminal investigations run alongside family court proceedings. At D&N Solicitors, we understand the importance of a unified defence strategy in these situations.

 We coordinate closely with criminal law teams to ensure transparency and effective communication, all in the best interests of our clients.

Why Choose D&N Solicitors?

Non-accidental injury cases are some of the most emotionally taxing legal matters a family can face. At D&N Solicitors, we provide:

• Specialised Expertise: Our solicitors are highly experienced in navigating NAI cases' legal and medical complexities.
• Attention to Detail: We scrutinise every piece of evidence, ensuring nothing is missed.
• Client-Centred Approach: At D&N Solicitors, we understand that these cases are not just legal matters but deeply personal and emotionally taxing experiences for our clients. That's why we prioritise open communication and emotional support, guiding clients through each step of the process. This client-centred approach is designed to make our clients feel represented, prioritised, and cared for.
• Our meticulous preparation and advocacy have led to numerous successful outcomes, including cases being withdrawn by local authorities or dismissed by the court. This track record of success is a testament to our expertise and a source of hope and optimism for our potential clients, assuring them that their case is in capable hands.

Achieving Positive Outcomes

Our commitment to detail and client care has resulted in many positive outcomes. In recent cases, we successfully demonstrated that children’s injuries were accidental. In some instances, local authorities even withdrew their cases. These successes highlight the importance of our meticulous preparation and unwavering advocacy, instilling confidence in our potential clients.

For example, in a recent matter, the statements prepared by Gugan Johal and her thorough cross-examination of evidence enabled counsel to demonstrate that the child’s injuries were accidental. This led to a favourable outcome for the family.

Here’s what some of our clients have said about their experience with D&N Solicitors:

“I’m really pleased with my service from Gugan. She is just an amazing person—thank you for giving me my voice back.”

“I would highly recommend D&N Solicitors. Gugan has been representing me for over two years, and the case has finally ended with a very positive result for myself and my family. She is the most amazing woman and solicitor, and without her, I 100% wouldn’t have been in the position I am now.”

“Anyone who needs a solicitor is most likely not in a great place. This firm and their wonderful solicitor Gugan helped guide me through the awful process that is family court. I cannot thank her enough.”

Supporting Families Every Step of the Way

At D&N Solicitors, we understand the emotional toll these cases take on families. Our role is to provide expert legal guidance and unwavering emotional support. 

From the initial hearing to the final resolution, we ensure that our clients feel understood and cared for, that their voices are heard, and that their rights are protected.

If you or someone you know is facing allegations of non-accidental injury, contact us today. Our team is here to help you navigate this challenging process with professionalism, compassion, and expertise.