The Tragedy Of Infant Death

Children live rough-and-tumble lives. They fall over. They get knocked about. They suffer bumps, breaks and bruises. Accidents can happen and sometimes the consequences of these accidents can, tragically, be fatal. The current climate of fear generated by Social Services means that such tragedies are sometimes misinterpreted as evidence of abuse, and attributed to “Non-Accidental Injury.”

In our years of experience in addressing cases of Non-Accidental Injury, we have seen many where parents have been so accused; we have seen and addressed pretty much the full catalogue of injuries that can be classified as non-accidental in nature, including various instances of infant death.

Where you find yourself accused of involvement in your child’s death, Brendan Fleming Solicitors can offer you immediate support, advice and assistance. Our experts have years of experience in the area of Non-Accidental Injury which can be brought to bear to help defend your case. To benefit from our expertise, contact us today. Call us on 0121 683 5000, or click through to our contact form using the button below.

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Why You Need Brendan Fleming Solicitors for Your Case

Brendan Fleming, [is] the most formidable of the few British solicitors prepared to fight for parents whose children have been seized by social workers for seemingly no good reason.

– Christopher Brooker, The Telegraph 2013.


Brendan Fleming speaking at the Stop Forced Adoption conference and covering many aspects of care proceedings.


We know that you love your child. We know that you would do anything to prevent them from coming to harm. When someone turns to us for help with their Non-Accidental Injury case, these are the stable data from which we operate. Unfortunately, Social Services have adopted a different, more accusative attitude. It is the local authority that accuses you of non-accidental injury NOT the police.

We have a reputation for standing up to the local authority. We fight tooth and nail for positive outcomes in EVERY case we take on.

Our 24 hour helpline is open for you and here you will find the most important information boiled down to just a few short pages to explain what happens in these types of cases.

We can successfully fight your Non-Accidental Injury Case. Contact us today to find out what we can do to help you. Call us on 0121 683 5002 (out of hours mobile or for texting: 07730 143 432or click through to our contact form using the button below.

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A Dedicated Non-Accidental Injury Department

We are committed to redressing the injustice of parents being falsely accused of causing Non-Accidental Injury to their children. Our commitment is such that we have established a dedicated Non-Accidental Injury Department to address such cases. The department is manned with our leading specialists in the area, with years of cumulative experience in successfully overturning wrongful accusations of Non-Accidental Injury.

Where we can, we will work to have such accusations overturned at the level of investigation, before the case is even brought before the court.

Case History In Re W:

We represented a mother in the High Court whose 10 month-old-child sadly passed away. 

The mother had another child shortly after the death. Social Services removed that child at birth into the care of the Local Authority whilst investigations were ongoing due to the potential risk to that child. The mother continued to attend contact.

The medical evidence could not identify the cause of death but also could not rule out the possibility that the child had been smothered. The child was found to have a number of injuries including bruising to the back of the skull, bruising to various parts of the body and a fractures rib. Some bruises were established to be of accidental nature with explanations being provided. 

After hearing evidence from a number of medical professionals, as well as from the parents and other professionals and lay witnesses, the Judge concluded that the child had not passed away as a result of natural causes and instead found that the child had been smothered by the step-father. The Judge also found that the bruising found to be Non-Accidental were caused by the step-father along with the rib fracture. 

The mother was found to have failed to protect the child and whilst she could not have foreseen that he child would have been killed she should have foreseen that the step-father was a risk to the child and that there was the potential for causing harm.

At the welfare stage of the proceedings the mother and father of their child did not oppose the plan of the Local Authority being one of placement of the child outside of the family and thus a Care and Placement Order were made.

There are other cases whereby, sadly, a child has passed away and the cause of death has been found to be SIDS; but then other concerns have resulted in referrals being made to the Local Authority, proceedings being issued and investigations taking place.

Case History In Re B:

We represented a mother in one such case in which she had 4 children. One had sadly passed away as a young infant. 

The mother suffered tremendous bereavement at the loss of the child and the care of the remaining children spiralled out of control with the children being neglected and Social Services intervening. Mother also had issues with regards to substance misuse. 

Care Proceedings were issued resulting in the eldest child remaining in a children’s home and the two youngest children remaining placed together in a long term foster placement. Contact was granted to the mother. There was a large age gap in the two youngest children but due to the attachment that they had to one another it was not considered in either of their best interests for them to be separated. 

The whole family had suffered the loss of not only a child but also of a sibling, issues which all family members would have to deal with. The parenting unfortunately deteriorated as a result of the loss of a child by SIDS.

To see how we can similarly help you with your case, contact us today. Call us on 0121 683 5000, or click through to our contact form using the button below.

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The loss of a child is one of the most devastating things that can happen to a parent. The situation is traumatic enough without the added distress of being accused of failing to prevent or even of causing the death. Unfortunately, this can sometimes occur.

Sometimes the child’s death can be explained by way of Sudden Infant Death Syndrome (SIDS) or some natural cause.  However, there are times when the cause of death is unknown or the circumstances are suspicious. It is under these circumstances that parents can find themselves being investigated for causing or allowing the death of their child.

In our years of experience in dealing with such cases, we have come to understand the trauma and stress such accusations cause parents. We address all such sensitive cases with the utmost empathy and respect.

If other children are involved, Social Services may take steps to have those children removed from the care of the parents whilst the investigations are ongoing and the cause of death established. It is for this reason, if for no other, that it is vital you contact us as soon as allegations are levelled against you regarding the death of your child: even after your tragic loss, you may stand to lose yet more.

The Solution To Your Non-Accidental Injury Case

If you have been accused of causing or contributing to the death of your child, you must contact our specialist team today.

Whether you are merely under investigation for suspected involvement, or whether this has moved forward into legal proceedings, we can provide the expert legal representation you need.

If you feel confused or upset with your current solicitor’s handling of your case and are looking to engage a specialist Non-Accidental Injury firm, fill out the form below or give us a call.

We will help you fight your case. Contact us today. Call us on 0121 683 5000, or complete the contact form below:

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