Non-Accidental Injury in Family Law

Part of: Section 47 Report Explained: What Happens During Section 47 Enquiries?

Non-Accidental Injury: Key Takeaways

• Non-accidental injury (NAI) refers to physical harm that professionals believe was caused deliberately, recklessly or through serious neglect, rather than by an accident. It is a description used by doctors and social workers, not a finding of fact in itself — only a court can decide what happened.
• When concerns arise about NAI, children’s services and the police typically become involved, and the local authority may start care proceedings in the family court. Parents and others with parental responsibility can get legal aid that is not means-tested, both once care proceedings are issued and at the earlier pre-proceedings stage if they have received a letter before proceedings.
• Medical experts such as consultant paediatricians, radiologists and geneticists play a central role in distinguishing accidental injury from non-accidental injury. Their reports carry significant weight, but the court decides the facts — it is not bound by any single expert opinion.
• The family court’s legal process is separate from criminal proceedings and focuses on the child’s welfare as the paramount concern, applying the civil “balance of probabilities” test rather than the criminal standard of “beyond reasonable doubt.”
• Parents should seek urgent legal guidance from a specialist family lawyer as soon as there are suggestions of non-accidental injuries – especially before attending child protection meetings or a pre-proceedings (PLO) meeting.

Introduction: Non-Accidental Injury in Family Law

Few things are more frightening for a parent than being told a child’s injury may not have been an accident. In England and Wales, allegations of non-accidental injury can rapidly escalate from a hospital visit to social care involvement, police enquiries and family court hearings that may determine where a child lives.

Non-accidental injury is physical harm to a child that medical professionals believe was not caused accidentally – it may have been caused deliberately or through serious neglect. This is distinct from the everyday bumps, bruises and playground falls that are a normal part of family life and childhood. Where an injury does not fit the explanation given, an investigation usually follows. This can include section 47 child protection enquiries, strategy discussions between agencies and, in the most serious cases, an urgent application to the family court.

This article is written from the perspective of family law specialists practising in England and Wales and focuses on the legal process, the evidence involved, and the support available to families. It is general information about the law and procedure, not tailored advice about your own circumstances.

What Is a Non-Accidental Injury?

Non-accidental injury means physical harm to a child that is believed to have been caused deliberately, recklessly, or through serious neglect, rather than by a genuine accident. The term is mainly used by medical and social work professionals when reporting concerns. In family law, the focus shifts to whether a child has suffered “significant harm” under section 31 of the Children Act 1989.

• Common types of non-accidental injuries include bruises and fractures – particularly unexplained fractures in non-mobile children, multiple fractures of different ages, or rib fractures in infants.
• Burns or scalds where the pattern does not match the explanation given, and serious head injury inconsistent with a child’s developmental stage, are also typical examples.
• Non-accidental injuries often raise safeguarding concerns because the injury does not fit what the carer describes, or medical findings suggest force beyond what a normal accident would produce.
• Medical professionals assess non-accidental injuries for specific indicators, including the location, pattern, and age of physical injuries compared with the history provided.
• Importantly, some injuries initially suspected as non-accidental may later be explained by medical conditions (such as osteogenesis imperfecta or clotting disorders) or genuine accidents – which is why expert assessment is crucial before conclusions are drawn.
• A suspicion of non-accidental injury is a starting point for enquiries, not a conclusion. Many investigations end without any finding being made against a parent.

Accidental Injury vs Non-Accidental Injury

The distinction between accidental injury and non –accidental injury is central in family court decisions, because it determines whether child protection measures – and potentially care proceedings – are triggered. The features below are indicators that professionals weigh up. None of them proves anything on its own.

Features suggesting an accidental injury:

• A consistent, plausible explanation from carers that matches the injury
• The injury is typical for the child’s age and developmental stage (e.g. a toddler falling while learning to walk)
• Parents sought prompt medical attention
• The explanation is corroborated by witnesses or the physical environment

Features that may suggest a non-accidental injury:

• Multiple injuries of different ages or in unusual places (back, ears, genitals, thighs)
• Delay in seeking medical help or inconsistent accounts from carers
• Injuries sustained that do not match the child’s ability – for example, a fracture in a baby who cannot yet roll over
• A pattern of previous child protection concerns or unexplained injuries

Even experienced professionals may initially disagree on whether physical injuries were caused accidentally or non-accidentally. In complex cases the court may give permission for more than one medical expert to be instructed, although expert evidence is only allowed where the court decides it is necessary to resolve the case. Parents should never feel guilty about seeking help for a genuine accidental injury – getting prompt medical attention for your child is always the right thing to do.

Who Is Involved When Non-Accidental Injury Is Suspected?

When concerns arise about possible non-accidental injury, a multi-agency response is triggered under child protection procedures in England and Wales.

• Children’s services (local authority): Social services assess child safety in NAI cases. Social workers carry out section 47 enquiries, hold strategy meetings and decide whether to apply to the court for care proceedings. Children’s social care may investigate and provide reports to the court.
• Police: Officers gather evidence in non-accidental injury investigations, which can run alongside family proceedings. The police may pursue criminal proceedings separately, with a different standard of proof. Any decision about charges is made separately by the police and the Crown Prosecution Service, and a family court finding does not decide that question.
• Medical professionals: Hospital doctors, GPs and court-appointed specialists examine the child and assess injuries for signs of abuse. Radiologists and laboratory specialists interpret X-rays, scans and blood tests that help explain how an injury may have been caused.
• Other professionals: Health visitors, school staff, and a children’s guardian appointed by Cafcass (or Cafcass Cymru in Wales) may all be involved. Family members and other people who know the child may also be asked for information. Each contributes to building a picture of the child’s circumstances and best interests.

Family Law Framework in England & Wales

Non-accidental injury cases are dealt with under the Children Act 1989, which sets the core legal tests for when the state can intervene in family life.

• Significant harm threshold: Under section 31 of the Children Act 1989, the local authority must prove the child has suffered or is likely to suffer significant harm, and that this harm is attributable to the care given to the child not being what it would be reasonable to expect a parent to give. Non –accidental injuries usually form the basis of allegations of physical abuse. The burden of proving this rests on the local authority. Parents do not have to prove their innocence or explain an injury they cannot account for.
• Court’s role: The family court does not decide “custody” — that term is no longer used in England and Wales. The court decides what orders, if any, are needed to keep the child safe, including where a child should live and what contact should take place. The court distinguishes allegations from findings regarding non-accidental injuries – meaning nothing is assumed until evidence is tested. The court also considers emotional abuse, physical or sexual abuse, and fabricated or induced illness where relevant.
• Key orders: When NAI is alleged, the family court may make care or supervision orders, interim care orders, special guardianship orders or, in the most serious cases, approve plans for adoption or foster care.
• Welfare principle: The child’s welfare is the paramount concern in family law cases. The court must consider the welfare checklist – including the child’s needs, risk of harm, and the capabilities of parents. Under the “no order” principle, the court will not make an order at all unless it is satisfied that doing so is better for the child than making no order.

The Legal Process: From Initial Concerns to Care Proceedings

The typical journey in non-accidental injury cases follows a structured legal process:

1. Initial concern: A hospital, GP or health visitor notices injuries or signs that do not match the explanation. A referral is made to children’s services. If the risk is immediate, the local authority may apply to the court straight away. Importantly, a local authority cannot remove a child from your care by itself: it must either obtain a court order, or the police must use their short-term protection powers, or a parent must agree to the child being accommodated.
2. Section 47 enquiries: Where there is reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm, the local authority has a duty under section 47 of the Children Act 1989 to make enquiries. How agencies do this is set out in the statutory guidance Working Together to Safeguard Children. Strategy discussions take place with the police and health professionals.
3. Pre-proceedings (PLO): If the local authority believes court action may be necessary, the Public Law Outline requires a formal “Letter Before Proceedings” to parents, offering the chance to engage, respond, and get legal guidance. Parents and others with parental responsibility who receive this letter can get legal aid for this stage that is not means-tested, whatever their income. This stage is an opportunity to resolve concerns without going to court.
4. Care proceedings: If pre-proceedings do not resolve concerns, the local authority issues an application under section 31 in the family court. The court must aim to complete the case within 26 weeks, though it can extend that period where the case genuinely needs longer. The court can make emergency orders to remove a child from danger at short notice. Where someone outside the immediate family may have caused an injury, the court can allow them to take part as an intervenor so that they have a fair opportunity to answer the allegation.
5. Fact-finding hearing: In many NAI cases, a separate fact-finding hearing is held if the cause of the injury or who caused it is disputed – to determine whether injuries are non-accidental and, where possible, identify the person responsible or a “pool of possible perpetrators.”

Medical Experts and Evidence in Non-Accidental Injury Cases

Medical evidence is vital to determine the cause of injury in family law cases. Expert reports often make or break a case, and the judiciary’s Working Group on Medical Experts reported in 2020 on shortages of specialists in certain disciplines and regions, which can affect how quickly a case is heard.

• Types of experts: Consultant paediatricians (often lead), radiologists and neuro-radiologists (imaging of fractures, head injury), ophthalmologists (retinal haemorrhage and eye injuries), haematologists (clotting disorders), and geneticists (bone fragility conditions).
• What reports cover: A court-ordered report typically describes the injuries, their timing, possible mechanisms, and whether the explanation given by carers is consistent with the medical findings. Medical reports are central to whether the court concludes that harm was caused deliberately or caused accidentally. Experts advise; the judge decides.
• Head injuries in babies: Where a baby has suffered a head injury, professionals may consider whether it was caused by shaking or another form of abusive head trauma. These are medical descriptions rather than criminal offences in their own right, and this is an area where reputable experts sometimes disagree. Courts commonly hear evidence from paediatric, neuro-radiology and ophthalmology experts together in such cases. If you are ever worried about a baby’s health, seek medical help immediately.
• Independent opinions: Family lawyers can help parents apply for permission to instruct a further expert, or to put written questions to an expert who has already reported. This is important for ensuring the court sees a balanced picture of the evidence.
• Full disclosure: Parents should provide full and honest medical histories – including previous accidents, illnesses and family conditions – because missing information can make it harder for the court to accept an explanation offered later.

How the Family Court Makes Findings in Non-Accidental Injury Cases

Family courts operate on the balance of probabilities standard – meaning the court decides what is “more likely than not” to have happened. The burden of proof differs in family and criminal courts; criminal proceedings require proof beyond reasonable doubt, while the family court asks only whether something is more likely than not. There is no higher standard for serious allegations. It is for the local authority to prove its case; a parent does not have to disprove it.

• Pool of possible perpetrators: Where the court cannot identify one individual on the balance of probabilities, it identifies a “pool of possible perpetrators” – those for whom there is a real possibility they caused the harm. The court first considers who had the opportunity to cause the injury, then asks whether it can identify the person responsible on the balance of probabilities. Only if it cannot does it consider who should be placed in the pool. The approach set out in Re S-B (Children) [2009] UKSC 17 has since been developed by the Court of Appeal, most recently in Re B (Children: Uncertain Perpetrator) [2019] and Re A (Children) (Pool of Perpetrators) [2022].
• Totality of evidence: The court considers the totality of injuries and evidence rather than isolated incidents – patterns of bruising, multiple fractures, injuries of different ages, previous child protection concerns, and discrepancies in the history given.
• Lies and inconsistencies: Parents under this kind of pressure sometimes give an account that turns out to be untrue, or change what they have said. The court is required to consider why a person may have lied. People lie out of panic, shame or to protect someone else, and a lie about one thing does not by itself prove that a parent caused an injury.
• Revisiting findings: Findings may be reconsidered if significant new evidence comes to light, such as a later-diagnosed medical condition or new medical research. However, this is relatively rare and requires careful legal advice.
• No finding at all: The court can also conclude that the cause of an injury is unknown, or that the local authority has not proved its case. A hearing does not have to end in a finding against someone.
• Long-term consequences: A finding of non-accidental injury can have lasting consequences for family life. Findings of abuse can affect contact arrangements between parents and children, influence future risk assessments, and shape decisions about any further children. Accused individuals may face stigma and ongoing scrutiny even without criminal charges.

Legal Aid and Access to a Family Lawyer

In England and Wales, legal aid is available for care proceedings automatically. Once the local authority issues care proceedings, parents and others with parental responsibility are entitled to non-means-tested legal aid for advice and support in the family proceedings, whatever their income or savings.

• At the pre-proceedings (PLO) stage, a parent or person with parental responsibility who has received a letter before proceedings can get legal aid that is not means-tested. Take the letter with you when you contact a family lawyer, as it is what unlocks the funding.
• At earlier stages – such as child protection conferences or section 47 enquiries – legal aid may be subject to financial tests, but families should still seek advice as early as possible.
• The role of a family law specialist includes: advising on rights, attending PLO meetings and family court hearings, applying for permission to instruct appropriate medical experts, and helping parents engage with assessments and safety plans. This is court-process support tailored to the family court. If the police are also investigating, that is a separate matter and you will need separate criminal law advice.
• If you receive a letter before proceedings, are invited to a PLO meeting, or learn that the local authority plans to start care proceedings about non-accidental injuries, contact a specialist family lawyer without delay.

Getting legal advice early – even before formal proceedings start – can help you understand what is being asked of you, respond in good time, and in some cases resolve concerns without going to court.

Practical Steps for Parents Facing Non-Accidental Injury Allegations

Facing allegations of non-accidental injury is understandably frightening for parents and carers. Clear, calm action makes a real difference to the wellbeing of both the child and the family.

• Get legal help immediately. Seek urgent legal guidance from a family law specialist before attending any formal meetings with the local authority or the police. This is a complex area of law, and early advice is essential.
• Keep records. Keep copies of medical records, appointment letters, texts and emails with professionals. Make a note of who was caring for the child at key times – this information may become vital evidence.
• Cooperate with assessments. Engage with reasonable medical examinations and assessments, but check with your family lawyer about any questions or worries (for example, about interviews or written statements). If the police ask to interview you, get criminal law advice first — a police interview is not the same as a meeting with a social worker, and different advice applies.
• Engage with support services. Where relevant, take up parenting programmes, domestic abuse support, or substance misuse services. Positive engagement is an important factor when the court considers a child’s best interests.
• Supervised contact: If a child is taken into care, the local authority must generally allow the child reasonable contact with parents, and contact is often supervised at first. The court can make orders about contact if there is a disagreement. Your family lawyer can help you understand and challenge contact arrangements if needed.

Long-Term Outcomes and Impact on Family Life

Findings about non-accidental injuries can have lasting implications, but outcomes vary widely depending on the evidence, the risk, and the progress parents make.

• Possible outcomes: After fact-finding and welfare hearings, a child may return to a parent’s care with support, remain at home under a supervision order, be placed with other family members under a special guardianship order, or enter long-term foster care or adoption where risks cannot be safely managed.
• Ongoing contact: Even where a child does not return home, there may be ongoing contact arrangements. The family court must still consider the child’s best interests, emotional needs, and the possibility of maintaining family relationships.
• Revisiting findings: Historic findings of non-accidental injury may be revisited if strong new evidence emerges – for example, a later-diagnosed medical condition – but this is relatively rare and requires careful legal advice.
• Impact on future children: Previous findings of serious injury are highly relevant if the family has another child. The local authority will usually carry out pre-birth assessments and child protection planning. However, positive changes – such as addressing substance misuse, leaving an abusive relationship, or engaging in therapy – can influence how future risks are assessed.
• Support after proceedings: Ongoing support for parents and wider family members is important after proceedings end. Counselling and specialist services can help families adjust and maintain safe relationships with the child.

Frequently Asked Questions

Do non-accidental injury findings in the family court mean I will face criminal charges?

Family court proceedings and criminal investigations are separate, with different standards of proof and different purposes. A finding of non-accidental injury in the family court does not automatically mean criminal charges will follow. However, the police may use information from the family case when deciding what further action to take. If the police are involved, seek both family law and criminal law advice – the two processes run on different rules and you should not rely on family law advice alone.

Can my child be removed from my care before the court has all the evidence?

In urgent situations, the local authority can ask the family court for an interim care order or emergency protection order, sometimes at very short notice. The court must be satisfied that there is reasonable cause to believe the child is at risk of significant harm before making such orders. An emergency protection order is short-term and time-limited rather than permanent. If you are told an urgent hearing will take place, immediate legal guidance is essential – do not attend without a family law specialist advising you.

What if I disagree with the medical experts in my case?

Disagreements with medical opinions are common in complex non-accidental injury cases. Through a family lawyer, parents can ask the court for permission to instruct an additional independent medical expert or to ask detailed written questions of an existing expert. You should not approach experts directly; always work through your legal team to challenge or clarify expert evidence. This ensures the court sees a fair and balanced picture in your case.

Will a finding of non-accidental injury affect future children?

Previous findings of non-accidental injuries are highly relevant if the family has another child. The local authority will usually assess any future risk, often including pre-birth assessments and child protection planning. Positive changes – such as completing therapy, engaging with domestic abuse or substance misuse support, or demonstrating safe parenting – can influence how future risks are assessed. Early legal advice is helpful in such situations, particularly for parents who are expecting a new baby.

Can I get legal aid if I do not yet have care proceedings, only child protection enquiries?

Legal aid that is not means-tested is available once care proceedings are issued, and also at the pre-proceedings stage if you are a parent or have parental responsibility and have received a letter before proceedings. At earlier stages, such as a child protection conference or a section 47 enquiry, legal aid may still be available but can be subject to financial and merits tests. Contact a family law specialist to check your eligibility at the earliest opportunity – having legal guidance during pre-proceedings can help you understand the concerns and respond to them while there is still time to make changes.

Taking the First Step: Free Consultation on Non-Accidental Injuries

If you are worried abour injuries caused to your child and want to discuss your options and a clear way forward then contact us on 0330 094 5880 to arrange your free, no‑obligation consultation or book a time that suits you using our online appointment system. Our family lawyers in Coventry as well across York, Newcastle, Nottingham, Cardiff, Northampton, Oxford & London work around the clock and will be able to provide you with the advice and you need at a time to suit your needs.