When a child suffers an injury, it is understandably a very worrying time for any parent. In some circumstances, concerns about how an injury occurred can lead to involvement from social services and in more serious cases could lead to care proceedings being issued.
One of the issues that can arise in these proceedings is an allegation of non-accidental injury.
A recent decision of the High Court in Northern Ireland, A Health and Social Care Trust and KJ and DC [2026] NIFam 16, provides a useful example of how the court considers medical evidence about the injury.
What is a non-accidental injury?
A non-accidental injury is an injury which is suspected of having been caused deliberately or in circumstances which cannot be explained as an accident.
Concerns about a possible non-accidental injury may arise where, for example:
- The explanation given for an injury appears to be inconsistent with the injury itself;
- The nature or severity of an injury itself raises concerns;
- A child has suffered a number of injuries;
- There are concerns about the timing or circumstances in which an injury occurred; or
- Medical evidence suggests that an injury could not have occurred in the way described.
Where healthcare professionals have concerns about a child’s injuries, they may refer those concerns to the relevant Health and Social Care Trust. The Trust may then make enquiries and consider whether protective measures are required.
In some cases, this can result in care proceedings being brought before the court.
It is important for parents to understand that where there is an allegation or suspicion of non-accidental injury the court must consider the evidence and decide what, on the balance of probabilities, happened. This can be particularly important where medical evidence is disputed. Experts may have different opinions about the nature of the injury, how it occurred or whether it is consistent with the account given by a parent. The court will consider the opinions carefully before reaching its own conclusions.
Recent Judgment in Northern Ireland
In A Health and Social Care Trust and KJ and DC [2026] NIFam 16, the High Court considered proceedings concerning a young child who had been taken to hospital after a swelling was noticed on the side of their head. One of the issues addressed in this judgment was whether a line on the child’s skull represented a fracture, or an accessory suture, which can be a normal feature of an infant skull. There was a difference in opinion between the medial experts in the case. The court had to decide which interpretation of the medical evidence was more likely to be correct.
The importance of expert evidence
Medical evidence is extremely important in family proceedings involving a suspected non-accidental injury. Where experts disagree, the court must consider the competing opinions and the reasoning behind them. The judge is not simply required to accept an expect opinion and the recent judgment shows that the court is guided by the expert opinions but it remains the court’s responsibility to determine the factual issues.
What do parents need to know?
If social services become involved because of concerns about a possible non-accidental injury, it can be an extremely stressful and confusing experience. Parents may be worried about what will happen to their child, whether the child will be removed from their care and what any allegations could mean for their family.
It is important to understand that the involvement of social services does not automatically mean that a child will be removed or that a parent has been found responsible for an injury. The circumstances of each case are different.
What should parents do if an injury is being questioned?
If you are a parent and concerns have been raised, it is important to obtain legal advice as early as possible. A family solicitor can help you understand the allegations and the evidence being relied upon.
If you are facing care proceedings or allegations of non-accidental injury
Care proceedings and cases involving allegations of non-accidental injury can be some of the most serious and stressful family law proceedings a parent can face. It is important to obtain specialist legal advice as soon as possible.
At MSM Law, our family law team advises and represents parents involved in care proceedings and other child-related applications. We understand that court proceedings can be daunting and we will guide you through each stage of the process.
If you need advice about care proceedings or concerns about your child’s welfare, contact MSM Law to discuss your circumstances and find out where you stand.
No drama. Just clear legal advice.
By Emma Stratton, Solicitor, Family Law