Non-Accidental Injuries (NAI) to Children – Specialist Legal Advice
Allegations that a child has suffered non-accidental injuries (NAI) are extremely serious and can lead to urgent Police and Social Services involvement, removal of children from the family home and long-term Care Proceedings.
Kings Solicitors provide specialist legal advice to parents, carers and family members facing allegations of non-accidental injury, and can act quickly to protect your rights and your relationship with your child.
What Is a Non-Accidental Injury?
Examples of non-accidental injuries
A non-accidental injury is an injury said to have been inflicted deliberately and not caused by an accident. Examples can include:
- Unexplained bruising, burns or bite marks
- Bruises in the shape of a hand or implement
- Injuries caused by shaking a baby
- Bone fractures, particularly in a non-mobile child
Independent medical experts and reports
The distinction between accidental and non-accidental injury is often complex and usually involves medical opinion.
Kings Solicitors are highly experienced in instructing independent medical experts to examine the evidence and provide specialist reports on whether an injury is more likely to be accidental or non-accidental.
We routinely work with experts such as:
- Radiologists
- Paediatricians
- Neuro-radiologists
- Haematologists
- Ophthalmologists
- Geneticists
We carefully select the right expert or team of experts for your specific case.
When Social Services Suspect Non-Accidental Injury
Child protection investigations
If the Local Authority (Social Services) believe your child has suffered non-accidental injuries, they may:
- Start a child protection investigation
- Seek to remove your child from your care
- Ask you to agree to your child staying with family members or foster carers
- Issue Care Proceedings in the Family Court
You should contact Kings Solicitors immediately for urgent legal advice and representation. Early advice can make a crucial difference to where your child lives while investigations are ongoing.
We have extensive experience advising parents, relatives, including grandparents, and carers at all stages of Social Services involvement.
Removal from the family home
Social Services may seek urgent protective action where concerns are raised about a child’s safety. Early legal advice is crucial to protect your parental rights and challenge unnecessary removal.
Police Investigations and Interviews
Free 24/7 police station advice
If the Police want to interview you about alleged non-accidental injuries:
- Do not attend an interview or provide a statement before speaking to us
- You are entitled to free 24-hour expert legal advice at the police station
- Anything you say could be used in both criminal and family court proceedings
See our dedicated page on police station advice for urgent representation and 24-hour legal support.
In many cases, legal aid is available for both police station representation and Care Proceedings.
Kings Solicitors provide free 24/7 attendance at the police station and confidential advice before any interview.
Talking to Social Services and the Police
If you are not the birth parent but a child has been injured in your care (for example as a partner, family member or carer), you should still seek urgent advice before speaking to social workers or the police.
Even if you have already spoken to Social Services or attended a police interview, you should contact us immediately, as the matter may not be over and further action may still be taken.
Police Protection, Emergency Orders and Section 20 Agreements
Police Protection Orders (PPO)
Your child can be removed and kept in a safe place for up to 72 hours if Police believe the child is at risk of significant harm.
Emergency Protection Orders (EPO)
The Local Authority can apply to court urgently to remove a child if they believe the child is at immediate risk. These orders can lead directly to Care Proceedings.
Section 20 Agreements and Interim Care Orders
Social Services may ask you to agree to your child living with family members or foster carers under a Section 20 agreement. They may later apply for an Interim Care Order within Care Proceedings.
You should always seek legal advice from Kings Solicitors before signing any Section 20 Agreement or agreeing to exclusions from the home or child’s life.
How Kings Solicitors Can Help in NAI Cases
- Police interviews relating to non-accidental injury
- Child Protection meetings and assessments
- Emergency Protection Orders (EPOs)
- Section 20 Agreements
- Care Proceedings and Interim Care Orders
- Applications for a child to live with family or friends rather than foster carers
We work quickly to:
- Ensure your legal rights are protected
- Help you understand the medical issues and expert evidence
- Argue for your child to remain at home or with trusted family members
- Prepare your case thoroughly for court hearings
We have unrivalled expertise in advising and representing families in non-accidental injury cases and Care Proceedings.
FAQs About Non-Accidental Injury Allegations
1. What is a non-accidental injury (NAI)?
A non-accidental injury is an injury that is believed to have been caused deliberately rather than by accident. It often involves unexplained bruises, fractures, burns or injuries in a non-mobile child.
2. Who decides if an injury is non-accidental?
Doctors and medical experts give opinions on whether an injury is likely to be accidental or non-accidental. Social Services and the court then consider this alongside all other evidence.
3. Can my child be removed from my care because of suspected NAI?
Yes. If professionals believe your child is at risk, they may use Police Protection, Emergency Protection Orders or Care Proceedings to remove or restrict contact.
4. What is a Police Protection Order (PPO)?
Police Protection allows the Police to remove a child for up to 72 hours if they believe the child is at immediate risk of significant harm.
5. What is an Emergency Protection Order (EPO)?
An EPO is an urgent court order that allows the Local Authority to remove or keep a child in a safe place while investigations continue. These applications often lead to Care Proceedings.
6. Should I sign a Section 20 Agreement?
You should always obtain legal advice before signing any Section 20 Agreement, as it could mean your child is accommodated away from you without court oversight.
7. Do I need a solicitor if Social Services are investigating NAI?
Yes. Early specialist advice is crucial to ensure your rights are protected and to help you respond properly to Social Services and the Police.
8. Can Kings Solicitors help if I’ve already spoken to Social Services or the Police?
Yes. You should contact us as soon as possible. We can still advise you, represent you in Care Proceedings and help manage the impact of anything you have already said.
Emergency Protection Orders (EPO) – Urgent Legal Advice for Parents
Emergency Protection Orders – Immediate Court Action to Remove a Child
An Emergency Protection Order (EPO) is one of the most serious steps Social Services can take. It allows the Local Authority to remove a child from their parents urgently if they believe the child is at immediate risk of significant harm.
Kings Solicitors provide urgent specialist representation for parents and family members facing Emergency Protection Order applications. We act quickly to protect your rights and your relationship with your child.
What Is an Emergency Protection Order?
An Emergency Protection Order is a court order made under the Children Act 1989. It allows the Local Authority to:
- Remove a child from their home immediately
- Prevent a child from being removed from a safe place
- Authorise medical examinations
- Limit or suspend parental contact
EPOs are typically granted for a short period (up to 8 days initially), but they can lead directly to Care Proceedings.
When Can Social Services Apply for an EPO?
An EPO may be sought where there are allegations of:
- Physical abuse
- Non-accidental injuries
- Serious neglect
- Domestic violence
- Immediate safeguarding concerns
Challenging an Emergency Protection Order
Kings Solicitors can:
- Challenge weak or insufficient evidence
- Argue for alternatives to removal
- Propose family placements
- Seek urgent return of the child
How Kings Solicitors Can Help
We provide urgent advice and representation in:
- Emergency Protection Order hearings
- Applications to discharge EPOs
- Interim Care Order applications
- Contact arrangements
- Parallel Police investigations
If Social Services are applying for an Emergency Protection Order, contact Kings Solicitors immediately for urgent advice and representation.
Section 20 Agreements – Should You Consent?
Section 20 Agreements – Understanding Your Rights Before You Sign
Social Services may ask you to agree to your child being accommodated under a Section 20 Agreement.
Kings Solicitors provide specialist advice before you agree to any Section 20 arrangement.
What Is a Section 20 Agreement?
Section 20 of the Children Act 1989 allows a Local Authority to accommodate a child with parental consent.
Can You Refuse to Sign?
You are not legally required to agree to Section 20 accommodation unless a court order is made. Always seek legal advice first.
Risks of Section 20
- Children may remain accommodated for extended periods
- Care proceedings may later be issued
- Evidence may be gathered against you
How Kings Solicitors Can Help
- Section 20 negotiations
- Applications to return children home
- Care Proceedings following Section 20
- Child protection investigations
Interim Care Orders – What They Mean for Your Family
Interim Care Orders – Understanding the Court’s Powers
An Interim Care Order (ICO) allows the Local Authority to share parental responsibility and determine where your child lives while Care Proceedings are ongoing.
When Is an Interim Care Order Made?
- The threshold of significant harm is arguably met
- The case requires further investigation
- The court believes removal or supervision is necessary
Challenging an Interim Care Order
- Challenge whether the threshold is met
- Argue for the child to remain at home
- Propose placement with family members
- Challenge care plans
Fact-Finding Hearings in Care Proceedings
Fact-Finding Hearings – Determining What Really Happened
In some Care Proceedings, the court must decide whether alleged events actually occurred.
When Does a Fact-Finding Hearing Take Place?
- Non-accidental injuries
- Domestic abuse
- Physical chastisement
- Serious neglect
Why Legal Representation Is Critical
- Influence care plans
- Affect contact arrangements
- Impact future involvement with your children
If you are facing a Fact-Finding Hearing, contact Kings Solicitors for experienced, strategic legal representation.
