Case Study: Allegations of Non-Accidental Injury Successfully Challenged

Case Overview

Issue: Allegations of shaken baby syndrome

Court: High Court

Our Client: Father

Outcome: Care Order dismissed and child returned home

The Situation

We represented a father who was facing serious allegations after his baby was admitted to hospital with subdural haemorrhages and bilateral retinal haemorrhages.

Medical professionals initially suspected non-accidental injury (shaken baby syndrome), and both parents were accused of causing harm to their child.

As a result of these concerns, the baby was removed from the parents’ care and placed in foster care.

Care proceedings were initiated by the Local Authority and following an initial assessment, the baby was later placed with the maternal grandparents while investigations continued.

The Legal Process

Due to the seriousness of the allegations, the case was heard in the High Court.

To assist the Court in determining the cause of the injuries, several specialist medical experts were instructed, including:

• A Paediatrician
• A Neurosurgeon
• A Neuroradiologist
• An Ophthalmologist
• A Haematologist
• A Forensic Pharmacologist

These experts provided detailed medical evidence which was carefully considered during the Finding of Fact Hearing.

The Court’s Findings

After reviewing the expert evidence, the Court concluded that the injuries were not caused deliberately.

Instead, the Court found that the injuries had occurred accidentally when the mother, in a state of panic, believed her baby had stopped breathing and feared that he was dying.

Her actions were an attempt to revive the child, not to cause harm.

The Outcome

Following the findings:

• The Local Authority’s application for a Care Order was dismissed
• No findings of abuse were made against either parent
• The child was safely returned to live with his parents

Key Result

The successful outcome ensured that the family was reunited and that the allegations against the parents were not upheld by the Court.

Need Advice in a Similar Situation?

If you are facing allegations involving your child, it is important to seek specialist legal advice as early as possible. Early guidance can help protect your rights and ensure that all evidence is properly examined.