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Understanding Non-Accidental Injury: Legal Pathways and Family Implications (23 July 2025)
Date: 23/07/2025
Non-accidental injury (NAI), in the context of family proceedings, refers to physical harm that has not been caused accidentally and may have been caused deliberately or recklessly by an adult carer. In many cases, it arises in the context of child abuse or domestic violence.
Understanding what constitutes an NAI, how it is investigated, and the legal implications that follow is crucial for anyone affected, whether they are victims, accused individuals, or concerned family members.
What Is a Non-Accidental Injury?
A non-accidental injury is any injury that is believed to have been caused deliberately or recklessly, rather than by accident. These injuries often raise safeguarding concerns and are assessed thoroughly by medical and legal professionals. Common examples include:
- Unexplained bruising
- Fractures inconsistent with reported falls
- Burns in patterns suggestive of intentional harm
- Head injuries with suspicious circumstances
In child protection contexts, injuries that do not align with the explanation given often trigger multi-agency investigations.
Who Is Involved in an NAI Case?
NAI cases typically involve several bodies working in close coordination:
Social Services and Local Authorities
Their primary concern is the safety and welfare of the child. If a child is suspected to have suffered NAI, social services will assess the situation and may initiate care proceedings. This can include placing the child with a relative, in foster care, or arranging for a protection plan. Their goal is to ensure the child is safeguarded, especially from any potential perpetrator of harm until such time as the facts can be established about the injury and how it has been caused.
The Police
Given that non-accidental injuries often amount to criminal offences, the police play a key investigative role. They collect evidence, interview witnesses, liaise with medical experts, and determine whether criminal charges should be brought. If so, this can result in prosecution and criminal proceedings.
The Family Court
When a parent or carer is suspected of causing harm, the family court becomes central in determining the child’s future. The court will consider:
- Whether the injuries have been caused accidentally or not
- Whether the court is able to determine who has caused the injuries
- Whether the child can remain at home safely
- Whether there should be any orders in place in relation to the child
- What level of contact, if any, should be permitted with the person or persons who may have caused the injures
If social services believe a child is at serious risk, they may issue care proceedings to determine what arrangements serve the child’s best interests. These proceedings can result in long-term orders regarding who the child lives with, who the child spends time with, and parental responsibility.
How We Can Help
At Duncan Lewis Solicitors, we understand that involvement in NAI investigations or care proceedings can be one of the most traumatic experiences a parent or family member will ever face. Our Child Care Law Department specialises exclusively in representing families in these high-stakes, sensitive cases.
We offer expert legal representation from the moment social services become involved, whether that’s during initial enquiries, pre-proceedings discussions, or emergency protection orders, through to final hearings and appeals. We work with compassion and discretion, always focused on securing the best possible outcome for you and your family.
Contact Us
For confidential legal advice or urgent representation in child care or non-accidental injury proceedings, please contact our specialist team today on 0333 772 0409 or visit www.duncanlewis.co.uk.
About the Author
Sarah Peart is a Director and Solicitor in the Child Care team at Duncan Lewis Solicitors. Having worked in family law since qualifying as a solicitor in 2002, Sarah possesses particular expertise in representing parents and children in care proceedings and has been an accredited member of the Law Society's Specialist Children Panel for 17 years.
For advice or assistance on a family and child care matter, contact Sarah via email at sarahpea@duncanlewis.com, or by telephone at 02079238466.
Duncan Lewis Solicitors
Duncan Lewis Solicitors is a multi-award-winning national law firm renowned for exceptional legal services and commitment to justice. With expertise in 25 areas of law, the firm is ranked in Chambers & Partners and Legal 500 as a top-tier law firm and has been named a Times Top 250 Law Firm. Headquartered in London, the firm is recognised for its excellence in people management, holding the Investors in People Gold Standard Accreditation, and embraces a paperless, hybrid-working model. The firm was crowned law firm of the year at the LexisNexis awards 2024 and again at the Modern Law awards the year before.