17 Feb
News

Cash Seizure Recovery – Getting Your Seized Cash Returned

If cash is discovered during a police search and the authorities reasonably suspect it is the proceeds of crime or intended for unlawful use, they can seize it immediately under the Proceeds of Crime Act (POCA). The money may be detained while an investigation takes place and, in some cases, the police may apply for permanent forfeiture.

Kings Solicitors specialise in challenging cash seizure and cash forfeiture applications, securing the return of money for both individuals and businesses.

Why Was Your Cash Seized?

Cash may be seized if officers suspect:

  • It is the proceeds of criminal conduct
  • It is intended for use in unlawful activity
  • It is connected to drug supply, fraud, tax evasion or other financial crimes

The threshold for seizure is low—police only need reasonable suspicion, not proof. However, to keep the cash or apply for forfeiture, they must justify it in court.

How Do You Get Your Seized Cash Back?

To recover cash, you must show—on the balance of probabilities—that:

  • The money is not intended for criminal activity; and
  • It did not originate from illegal conduct.

This may involve providing:

  • Evidence of legitimate income
  • Bank statements and accounting records
  • Proof of trading, savings or business activity
  • Source of cash explanations (e.g., sale of assets, wages, gifts, or family loans)

Kings Solicitors prepare detailed evidence bundles to rebut police suspicion and secure early return of cash. Acting quickly is essential because the police can apply for repeated extensions of detention.

What We Can Do for You

We represent clients in two key types of cash seizure proceedings:

1. Applications for the Return of Cash

For individuals whose money has been seized, we:

  • Challenge the legality of the seizure
  • Demand disclosure of the basis for suspicion
  • Prepare source-of-funds evidence
  • Oppose applications for continued detention
  • Apply for the immediate return of cash

2. Intervening on Behalf of Third-Party Owners

Sometimes cash seized from one person actually belongs to someone else (e.g., a business, employer, family member or corporate entity).

We act for third parties to prove ownership and recover their money even if:

  • The person from whom it was seized is under investigation
  • The police claim the cash is linked to wrongdoing
  • The true owner had no involvement in the alleged offence

Why Early Legal Advice Matters

Police cash seizure cases move quickly. The authorities may apply to detain the cash for up to two years. Early intervention gives you the best chance to:

  • Prevent long-term detention
  • Avoid forfeiture
  • Challenge the police’s assumptions
  • Provide a clear and legitimate explanation for your funds

Kings Solicitors provide urgent, proactive representation to maximise your chance of securing the full return of your money.

FAQs

1. Why did the police seize my cash?
Cash can be seized if officers reasonably suspect it is linked to crime or intended for unlawful use. This does not require proof—only suspicion.

2. How long can the police keep seized cash?
The police can apply for detention for up to two years while they investigate. Detention must be approved by a court.

3. Can I get my seized cash back?
Yes. You can apply for the return of cash by proving it is legitimate and not connected to criminal activity.

4. What evidence do I need to prove my cash is legitimate?
Evidence may include bank statements, payslips, invoices, sales documents, business accounts and written explanations of the source.

5. Can a business claim ownership of cash seized from someone else?
Yes. Kings Solicitors frequently intervene on behalf of third-party owners such as companies, employers and family members.

6. Do I need a solicitor for a cash seizure case?
Yes. Cash seizure law is technical, and early legal intervention greatly increases your chance of getting your money back quickly.

17 Feb
News

Challengings Arrest & Search Warrants

If you have been arrested or your home, business or devices have been searched under a warrant, it may be possible to challenge the lawfulness of the warrant and the actions taken by the authorities.

Kings Solicitors are experienced in challenging arrest and search warrants, including cases involving unlawful searches, excessive seizure of property and breaches of legal privilege. A successful challenge can lead to the return of property, damages and a significant tactical advantage in any ongoing criminal investigation.

Can a Search Warrant Be Challenged?

Yes. All search warrants can be challenged where legal grounds exist. Key issues include:

  • Whether the warrant should have been granted in the first place
  • Whether the Police seized items not authorised by the warrant
  • Whether legally privileged or irrelevant material was seized

If a warrant is defective, the correct route is usually an application for Judicial Review in the High Court.

Time Limits for Challenging a Search Warrant

Applications for Judicial Review are made to the Administrative Court. Strict time limits apply. Under CPR r54.5, a Judicial Review claim must be filed promptly, and in any event within 3 months of the grounds arising.
It is therefore essential to seek legal advice from Kings Solicitors as soon as possible after a search or arrest.

Letter Before Claim

Before issuing Judicial Review proceedings, a letter before claim should usually be sent. This letter will:

  • Identify the decision being challenged (for example, the grant of the warrant)
  • Set out why the decision was unlawful, irrational or procedurally improper
  • Explain what remedy is sought (for example, quashing the warrant, return of property, damages)

Kings Solicitors can draft and send this letter, ensuring all relevant legal grounds are raised.

Judicially Reviewing the Court and the Authorities

In search warrant challenges, the Court that granted the warrant is normally named as a Respondent, alongside the Police or other investigating body (e.g. HMRC). This allows the High Court to make orders against both the authority and the issuing court if the challenge succeeds.
The Court may choose not to attend the hearing and may limit its involvement to providing an Acknowledgement of Service and clarifying the District Judge’s understanding of the without notice application.

Gathering Evidence and Obtaining the Judge’s Reasons

It is crucial to obtain all the information placed before the court when the warrant was granted, including:

  • The written application
  • Supporting documents and information
  • Notes of what was said in the hearing

The Criminal Procedure Rules require that reasons for the decision are available. Under CrimPR r5.5 onwards, and specifically r5.7(6), an application can be made in writing to the court for disclosure of:

  • The Judge’s reasons for granting the warrant
  • Notes of the hearing held in your absence

This application must be copied to the Police/HMRC, who then have 14 days to object to disclosure. At the same time, a separate request can be sent directly to the Police for disclosure of the Information in support of the warrant.

Kings Solicitors will handle these steps on your behalf.

Possible Outcomes of a Judicial Review

Judicial Review remedies are discretionary. The High Court may:

  • Declare that the warrant was unlawful
  • Order that the seizure of property was unlawful
  • Make orders affecting any attempt to re-seize material under other powers

If the warrant is quashed under s59 of the Criminal Justice and Police Act 2001, the Police can ask the High Court for temporary permission to retain the material while they apply to the Crown Court for a fresh order.

The Crown Court has the discretion to allow retention of the seized material despite the unlawfulness of the original search, if a new lawful warrant would immediately justify seizure.

Nevertheless, challenging a warrant can:

  • Lead to the return of property
  • Result in damages/compensation being awarded
  • Force early disclosure of information
  • Send a strong signal that the suspect will challenge improper conduct

Challenging Unlawful Arrest

Kings Solicitors can also challenge the lawfulness of an arrest where Police powers have been misused. Unlawful arrest and detention may be challenged by Judicial Review and/or civil claims for:

  • False imprisonment
  • Breach of human rights
  • Misuse of powers

A successful challenge can result in compensation and a clear finding that the arrest was unlawful.

Kings Solicitors are experienced in identifying the correct remedy and pursuing challenges to both arrest and search warrants.

FAQs

1. Can I challenge a police search warrant?
Yes. You may be able to challenge a search warrant if it was granted on flawed information, executed improperly or used to seize property not covered by the warrant.

2. Is there a time limit for challenging a search warrant?
Yes. Judicial Review claims must be brought promptly and, in any event, within 3 months of the grounds for challenge arising.

3. What if the police seized items not listed in the warrant?
If the police seized items beyond the scope of the warrant, this may form part of a challenge and could lead to the return of property or a finding that the search was unlawful.

4. What happens if legally privileged material was seized?
Seizure of legally privileged material is a serious issue. It can form a strong ground of challenge and may affect the admissibility and handling of any evidence taken.

5. What is Judicial Review in the context of a search warrant?
Judicial Review is a procedure where the High Court reviews the lawfulness of a decision, such as the grant of a warrant, and can quash it if it was unlawful or irrational.

6. Can I obtain copies of what the police showed the court when they applied for the warrant?
Yes. Your solicitor can apply to the court for the Judge’s reasons, notes and the information placed before the court, subject to any objections from the authorities.

7. What are the possible outcomes if a warrant is quashed?
The court may declare the search and seizure unlawful, order the return of property and, in some cases, award damages. The police may seek fresh orders to retain certain material.

8. Can I claim compensation for unlawful arrest or unlawful search?
Yes. If your arrest or search was unlawful, you may be able to claim damages for false imprisonment, trespass and/or breach of your rights.

17 Feb
News

Confiscation Proceedings (POCA) – Confiscation Orders

Following a criminal conviction, the prosecution may start confiscation proceedings under the Proceeds of Crime Act 2002 (POCA) to try to show that you have financially benefited from criminal conduct. If successful, the court can make a confiscation order requiring you to pay a specified sum.

Confiscation orders only “bite” on your realisable assets, but the way the figures are calculated is highly technical and can be extremely harsh if not properly challenged.

Kings Solicitors have extensive experience in defeating or significantly reducing confiscation orders through careful analysis of the prosecution’s case and robust challenge to their financial calculations.x

How the Prosecution Builds Its Confiscation Case – The s16 Statement

The prosecution’s case in confiscation proceedings is set out in a formal s16 Proceeds of Crime Act 2002 statement. This is a key document and usually includes:

  • Details of the offences of which you have been convicted
  • Evidence from the trial or prepared for trial
  • Financial information obtained during the investigation
  • Information you have provided (for example, in any s18 statement or under a restraint order)
  • Material from banks, financial institutions and other sources (often obtained via production orders)
  • Analysis by a financial investigator

The main body of a s16 statement often runs to 10–30 pages, with attached schedules, spreadsheets and appendices that can run to hundreds of pages.
Kings Solicitors will examine this statement in detail, identifying errors, double counting, incorrect assumptions and unjustified inferences.

Understanding “Benefit” in Confiscation Proceedings

In confiscation law, “benefit” has a special statutory meaning. It does not simply mean what you have personally gained in everyday terms.
There are two main types of benefit considered:

Benefit of the offences (particular criminal conduct)

  • The s16 statement sets out what the prosecution say you obtained from the specific offences of which you were convicted.
  • This may not always be straightforward – for example, where there are incomplete records, allegations of cash theft, drug supply without accounting records or participation in a conspiracy.

Assumed benefit (criminal lifestyle)

  • In many cases the prosecution will argue you have a “criminal lifestyle”, allowing them to rely on statutory assumptions under s10 POCA.
  • These assumptions treat your income, expenditure and assets over a period (often six years prior to charge) as having come from crime, unless you can prove otherwise.

The prosecution may also assert benefit from:

  • Profits of otherwise legitimate business tainted by criminality
  • Pecuniary advantage (e.g. tax evasion, VAT fraud, duty evasion)
  • The value of seized assets such as drugs

Kings Solicitors will challenge whether the prosecution’s concept of “benefit” is legally and factually justified, whether amounts are correctly calculated, and whether they have been “obtained” by you personally.

Criminal Lifestyle and Statutory Assumptions

If the criteria for criminal lifestyle are met, the prosecution can ask the court to make far-reaching assumptions about your finances.

The s16 statement will then usually:

  • Review all deposits into your bank and credit card accounts since the “relevant day” (often six years before the date of charge)
  • Examine your expenditure and major purchases
  • Consider Land Registry records, mortgage statements and conveyancing files
  • Look for patterns of unexplained income or assets

These assumptions allow the prosecution to claim that:

  • Receipts paid into your accounts are criminal benefit
  • Assets held since conviction are representing the proceeds of crime
  • Certain expenditures were funded from criminal conduct

The defence task is to rebut these assumptions where they are incorrect, show legitimate sources of income and funding, and prevent double counting.

The “Available Amount”

The prosecution must also address your “available amount” – the value of assets against which any confiscation order can actually be enforced.

This is defined by POCA and typically includes:

  • The current market value of your assets
  • Less secured liabilities (e.g. mortgages)
  • Plus the current value of any “tainted gifts” you have made

Importantly:

  • Many liabilities (e.g. unsecured debts, normal bills) are ignored
  • Third-party interests must be carefully considered and protected
  • Allegations of “hidden assets” or tainted gifts can cause major disputes

Kings Solicitors scrutinise the prosecution’s figures on the available amount, ensuring assets are correctly valued, third-party interests are recognised and unjustified “hidden asset” claims are resisted.

Challenging the s16 Statement and Confiscation Figures

Our work in confiscation cases includes:

  • Checking whether “criminal lifestyle” criteria are truly met
  • Confirming the correct “relevant day” has been used
  • Examining all alleged benefit – both direct and assumed
  • Exposing double counting between different categories of benefit
  • Analysing bank statements, joint accounts and company structures
  • Demonstrating legitimate income and funding for assets
  • Challenging valuations of property, businesses and other items
  • Testing assertions of tainted gifts or hidden assets

We use all of this to help prepare a detailed s17 statement (your formal response to the s16 statement) and to present a strong case at the confiscation hearing.

Forensic Accountants and Expert Assistance

In many confiscation cases, especially those involving large sums or complex financial histories, a forensic accountant can play a vital role.

A forensic accountant can:

  • Analyse the prosecution’s financial schedules and spreadsheets
  • Trace funds between accounts and entities
  • Identify legitimate income sources
  • Challenge assumptions about unexplained receipts and assets

The cost of a forensic accountant’s report can often be covered by criminal legal aid under prior authority arrangements.

Kings Solicitors work closely with experienced forensic accountants and other financial experts to expose flaws in the prosecution’s approach.

Serious Risk of Injustice and Proportionality

Confiscation law allows the court to depart from statutory assumptions where applying them would cause a “serious risk of injustice”. The court must also ensure that any confiscation order is proportionate and compatible with your rights.

We will argue against the use of assumptions, or against the level of confiscation sought, where:

  • The figures are clearly excessive
  • The assumptions do not reflect reality
  • There are clear legitimate explanations for funds and assets
  • The overall order would be disproportionate

Kings Solicitors are committed to reducing confiscation orders as far as possible – and, in some cases, to nil – through meticulous preparation, attention to detail and the strategic use of expert evidence.

FAQs

1. What is a confiscation order under the Proceeds of Crime Act?
A confiscation order is a court order made after conviction requiring you to pay a sum of money said to represent your financial benefit from criminal conduct.

2. When are confiscation proceedings started?
They are usually started after conviction, either at the Crown Court’s own initiative or at the request of the prosecution, when it is alleged you have benefited from crime.

3. What does “benefit” mean in confiscation law?
“Benefit” has a special legal meaning. It can include the value of property obtained, profits from tainted business activities, or financial advantages such as tax evasion, and does not just mean what you still have.

4. What is a s16 POCA statement?
The s16 statement is the prosecution’s confiscation case, setting out their calculations of your benefit and available amount and the evidence they rely on.

5. What is meant by a “criminal lifestyle”?
If certain criteria are met, the court may treat you as having a criminal lifestyle, allowing statutory assumptions that your income, expenditure and assets over a period come from crime unless you can prove otherwise.

6. What is the “available amount”?
The available amount is a defined term referring broadly to the current value of your assets (less secured liabilities) plus any tainted gifts. It is the maximum that can be ordered in confiscation.

7. Can I challenge the prosecution’s confiscation figures?
Yes. You can challenge both the benefit and available amount, as well as whether criminal lifestyle assumptions should apply and whether using them would cause a serious risk of injustice.

8. Do I need a forensic accountant for confiscation proceedings?
In more complex or high-value cases, a forensic accountant can be very helpful in analysing financial evidence and exposing errors or double counting in the prosecution’s figures.

17 Feb
News

Criminal Defence Solicitors You Can Trust

Facing a criminal investigation or charge is one of the most stressful experiences anyone can go through. At Kings Solicitors, our specialist Criminal Defence Solicitors provide clear, honest, and strategic legal advice from the moment you learn of police involvement. With extensive experience defending clients in a wide range of cases, we protect your rights, your reputation, and your future with professionalism and precision.

No two criminal cases are the same. We do not make unrealistic promises or use phrases such as “we will get you off.” Instead, we give you straightforward legal advice, grounded in experience and tailored to the unique facts of your case.
If you or a loved one is being investigated, arrested, or charged, early representation is essential. Our team guides you through every stage and ensures you understand your rights from the outset.
Your initial consultation with Kings Solicitors is free, confidential, and without obligation.

Why Choose Kings Solicitors for Criminal Defence?

Selecting the right criminal lawyer can significantly impact the outcome of your case. At Kings Solicitors, we prioritise communication, accessibility, and high-quality representation. Our team includes bilingual male and female solicitors, ensuring every client feels understood and supported.

We handle the full spectrum of criminal cases—from minor offences to the most complex and serious allegations. Our Criminal Defence Solicitors represent clients at:

  • Police Stations
  • Magistrates’ Court
  • Crown Court
  • Court of Appeal
  • Supreme Court
  • European Courts of Justice

Being accused of a criminal offence can bring fear, embarrassment, and immense pressure on you and your family. A conviction can affect employment, relationships, travel, and future opportunities. We understand what is at stake, which is why we work proactively to protect you at every stage.

Where conviction is likely, our solicitors negotiate with the prosecution to reduce charges, lower sentencing exposure, and minimise long-term consequences. We frequently secure favourable outcomes through carefully prepared basis of plea submissions and strategic mitigation.

The earlier you obtain legal advice, the stronger your defence will be. Contact Kings Solicitors immediately if the police intend to interview or arrest you—do not wait until you are charged or summoned to court.

Criminal defence work is at the heart of our firm, and we have built a strong reputation for tenacious, client-focused representation. Our clients consistently tell us that we could not have done more to support them.

Our Criminal Defence Services & How We Support You

At Kings Solicitors, we provide a comprehensive, evidence-driven defence strategy designed to achieve the best possible outcome in your case. We pride ourselves on a no-nonsense, straight-talking approach backed by meticulous preparation.

Our criminal defence services include:

24/7 Police Station Representation — FREE of Charge

We protect your rights during interviews and ensure you do not face questioning without legal support.
Expert Defence at Magistrates’, Crown Court and Appellate Levels
Our solicitors handle all types of criminal proceedings, from first appearances to complex trials and appeals.
Detailed Case Preparation & Evidence Analysis
We leave no stone unturned. Where necessary, we instruct independent experts to corroborate your account and challenge the prosecution’s evidence.

Negotiation & Mitigation for Reduced Charges and Sentencing

If conviction is unavoidable, we work strategically to minimise penalties and long-term consequences.
Honest, Clear Legal Advice Throughout Your Case
We provide realistic assessments based on the strengths and weaknesses of your matter—never false assurances.
Personalised Support from Start to Finish
We recognise the emotional toll of criminal proceedings and ensure you feel supported, informed, and represented at every stage.
If you are under investigation, have been charged, or are dissatisfied with your current solicitor, contact Kings Solicitors today for free, confidential, no-obligation Criminal Defence advice.
We fight tirelessly for our clients, because in criminal law, thorough preparation and strategic defence truly make the difference.

FAQs

What should I do if the police want to interview me?
Contact a Criminal Defence Solicitor immediately. Kings Solicitors offer free 24/7 police station representation.

Can a solicitor attend a police interview with me?
Yes. A solicitor should always attend to protect your rights.

Do I need a Criminal Defence Solicitor if I haven’t been charged yet?
Yes. Early advice can significantly improve the outcome of your case.

Can I change my solicitor during a criminal case?
Yes, you have the right to change solicitors at any stage.

What types of criminal cases do Kings Solicitors handle?
All criminal cases, including police station matters, Magistrates’, Crown Court, appeals, and serious offences.

Is the first consultation free?
Yes. All initial consultations are free, confidential, and without obligation.

Do you offer 24/7 emergency legal support?
Yes. Kings Solicitors provide round-the-clock criminal defence assistance.

What should I do if I am arrested?
Request Kings Solicitors immediately and do not answer questions without legal advice.

Will the police tell me what evidence they have?
Not always. A solicitor can obtain disclosure before your interview.

Can the police interview me without a solicitor?
You have the right to wait for a solicitor — we advise you ALWAYS do so.

17 Feb
News

Crown Court Defence Representation

Cases heard in the Crown Court require extensive preparation long before the trial date. A strong defence depends on careful analysis of the evidence, early strategic planning, and detailed preparation of all necessary legal documents, including the Defence Statement and notification of defence witnesses.

Kings Solicitors ensure you fully understand the case against you — including the strengths and weaknesses — and provide clear advice on your plea and defence strategy.

Expert Preparation for Crown Court Trials

Crown Court cases often involve complex legal issues, large volumes of evidence, and expert material. As part of your defence, Kings Solicitors will:

  • Review and evaluate all evidence served by the prosecution
  • Advise you clearly on the strength of your case
  • Prepare and file your Defence Statement
  • Notify the court and prosecution of any defence witnesses
  • Instruct expert witnesses where necessary

We frequently instruct experts across a broad range of fields, including financial analysis, digital forensics, engineering, cultural matters, scientific testing, and linguistic interpretation.

Specialist Barristers for Crown Court Advocacy

With your approval, we will instruct a Barrister who has the right experience and expertise in your specific type of case. Kings Solicitors maintain strong working relationships with a wide range of highly skilled and reputable Barristers throughout the country.
We work as a unified team — solicitor, Barrister, and expert witnesses — to ensure every element of your defence is fully prepared. You will have conferences with your Barrister so that you fully understand the case against you, the strategy, and the potential outcomes.

Building a Robust Defence Strategy

The Crown Prosecution Service (CPS) has extensive resources available for investigating and prosecuting cases. To match their strength, you need a defence team with the experience, skill, and tactical understanding to challenge the prosecution’s case effectively.
Kings Solicitors will build a strong defence by:

  • Fully investigating the facts of your case
  • Identifying statutory defences
  • Consulting and instructing expert witnesses
  • Challenging prosecution evidence, including:
  • Laboratory testing
  • Digital and computer evidence
  • Accounting records and financial documents
  • Bank statements
  • Witness accounts
  • Cell site and location data
  • Forensic reports
  • Medical evidence
  • Challenging the credibility and reliability of prosecution witnesses
  • Applying to exclude prosecution evidence where appropriate
  • Making an abuse of process application if your rights have been breached

Our goal is to expose weaknesses in the prosecution’s case and secure the best possible outcome for you — whether that means acquittal, reduced charges, or mitigation at sentence.

Crown Court Defence Representation — FAQs

Q1. Do I need a solicitor and a barrister for a Crown Court case?
In most Crown Court cases you will have both. Kings Solicitors prepare your case and instruct an experienced barrister to represent you in court.

Q2. What is a Defence Statement?
A Defence Statement is a formal document setting out your defence, issues in dispute and any witnesses or experts you intend to rely on.

Q3. Will you instruct expert witnesses for my case?
Yes, where appropriate we instruct experts such as forensic scientists, accountants, digital analysts or medical professionals to support your defence.

Q4. How long does a Crown Court case take?
Timescales vary depending on complexity, number of defendants and court availability. We will keep you updated throughout.

Q5. Can prosecution evidence be challenged in the Crown Court?
Yes. We can challenge the reliability, accuracy or admissibility of prosecution evidence and, where appropriate, apply to exclude it.

Q6. What is an abuse of process application?
An abuse of process application asks the court to stop the case because it would be unfair for it to continue, for example due to serious delay or misconduct.

Q7. Will I be kept informed about my case?
Yes. We arrange conferences with your barrister and keep you updated on developments, strategy and prospects.

17 Feb
News

Non-Accidental Injury (NAI) Child Solicitors | Care Proceedings | Kings Solicitors

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.