Case Overview
Issue: Findings of non-accidental injury (NAI), neglect and domestic violence
Our Client: Mother
Court Action: Application to reopen Finding of Fact
Outcome: NAI findings set aside
The Situation
We represented a mother in care proceedings where the Court had initially found that both parents had non-accidentally caused bruising to their young son.
In addition to these findings, the Court also made findings of neglect and domestic violence.
At the conclusion of the original proceedings:
- The child was placed within the family under a Special Guardianship Order
- The parents continued to face criminal proceedings linked to the same allegations
These findings had serious and lasting implications for the mother.
A Change in Medical Evidence
During the criminal proceedings, the original medical expert involved in the family case was re-examined.
Significantly, the expert’s opinion changed.
Where the expert had previously concluded that the injuries were non-accidental, they later stated that:
- The bruising could be explained accidentally
- The injuries were consistent with the child’s normal behaviour and activity
The expert went further and confirmed that the original finding of non-accidental injury should be reconsidered.
Reopening the Case
On the basis of this new medical evidence, we made an application on behalf of the mother to reopen the Finding of Fact hearing.
This application was opposed by the Local Authority.
However, the Court granted permission to reopen the case, recognising that:
- The medical evidence had materially changed
- There was a real possibility that the original findings were unsafe
A second independent paediatric expert was instructed, who also concluded that the injuries could have been caused accidentally.
The Outcome
Following reconsideration of the medical evidence:
- The Court set aside the findings of non-accidental injury
- The original conclusions regarding deliberate harm were overturned
The child remains in the care of the family.
Key Result
- Non-accidental injury findings successfully overturned
- Case reopened despite Local Authority opposition
- Fresh expert evidence secured to challenge original conclusions
- Child remains safely within the family
Why This Case Matters
This case highlights the importance of challenging medical evidence where appropriate and demonstrates that findings in care proceedings can be revisited where new evidence emerges.
Even where serious findings have already been made, it may still be possible to reopen a case and achieve a different outcome.
