Explain
If your child is injured, it is important that you try to give the doctors and medical professionals as much information as possible to help them understand how the injury was caused. Medical professionals can become concerned about how an injury was caused if there is no explanation to account for the injury, if the explanation provided does not fit with the injuries sustained, or if there have been different explanations provided. If you do not know how the injury was caused, it is equally important that you say so and do not be tempted to say something happened that did not.
It is normal for the professionals to convene a Strategy Meeting at this stage which may include the police, Children’s Services and the medical professionals. They will discuss the evidence at that stage and what steps they think should be taken to ensure that your child is safe. It is also likely that a Child Protection Medical is carried out to assess the injury and for the doctor to comment upon whether it is likely to be accidental or not. It is important that any explanation you may have for the injuries is given in advance of this medical, so that the doctors can consider whether the injuries are likely to have been caused in this way.
Family Members or Alternative Carers
Sometimes, it may be recommended that the children are placed outside of your care (either with family members or in foster care). It is therefore important that you give thought to any family members or alternative carers who may be considered suitable to look after your children during this difficult time to avoid them being placed into foster care. If you are asked to consent to your children being removed from your care (Section 20), it is very important that you ask for time to seek legal advice and you are entitled to receive advice on this before any agreement is reached.
Where/When/Who/What?
This will be a really difficult time for you with lots of emotions. You are likely to feel scared, worried and concerned amongst many things. With so many emotions, your memory can be impacted. It is important to try to sit down and remember as much as possible, as soon as possible. If your case does go to court, proceedings can take quite a long time. The longer that goes by, the more your memory will fade. It is really helpful if you can try to remember and write down who has had care of your child, when and for how long, and whether anyone else was present. The doctors may have given you an indication as to what the likely timeframes are for the injuries and if so, you should try to remember who has cared for your child during that time frame. You should try to keep a diary setting out the dates, times and where you child has stayed during this time. If you can remember any incidents which may have caused the injuries, or any time when you noticed your child appearing to be in pain or crying unusually, you should note this down. If you have any photos of the injuries or anything which you had thought was unusual, you should save these too.
All of this will be useful if the case does go to court and will assist your solicitor in preparing your first statement.
Legal Advice
You should access legal advice as early as possible to help you navigate this process. You should seek a specialist solicitor in non-accidental injury cases and choose someone who you have confidence in to represent your interests. In addition to a family law non-accidental injury specialist, you may also need the benefit of a criminal solicitor if you are being interviewed by the police. Your family and criminal solicitors will be able to discuss legal aid with you as part of your initial consultation.
Accessing legal advice at the earliest possible stage will ensure that you are informed about the process and understand what is expected of you and what to do.
Your case with us would be dealt with by a specialist Children Panel Member with particular expertise in cases involving alleged Non-Accidental Injuries.
In our Case Studies section (hyper-link), you can see some examples of our cases with successful and positive outcomes.