NAI Cases - The Court’s Approach for Family Lawyers

Introduction

Cases involving allegations of non-accidental injury are difficult for practitioners and judges. There is often a constellation of complex medical evidence and opinion and explanation given by caregivers that is inconsistent with the injuries sustained, which is often a challenging and daunting task when the court has to grapple with factual determination in NAI cases.

This course aims to highlight the basics of case management where it is alleged that a child has suffered a non-accidental injury, and to delve into legal updates and any practical significance as well as the impact of the PLO relaunch.

This course will arm litigators and barristers with the tools needed to tackle NAI cases, and aid in developing a clear understanding of the evidentiary framework which is employed in adjudicating allegations of NAI.

What You Will Learn

This course will cover the following:

• Disclosure order requests
• Availability of experts
• Appropriate experts with appropriate expertise
• Questions to experts
• Need for experts attendance (limits on expert cross-examination)
• Department for Education (DfE) - The Suspected Inflicted Head Injury Service (SIHIS) Pilot (multi-disciplinary/experts ‘clinical hub’)?
• Criminal Prosecutions (Concurrent care and criminal proceedings / Tensions with police investigation)
• Findings of Fact (Evidential framework)
• Necessity: Re P and E (Care Proceedings: Whether to Hold a Fact-Finding Hearing) [2024]
• Failure to Protect L-W Children - Causative link for failure to protect
• The Pool: Uncertain Perpetrators Re A (Children) (Pool of Perpetrators) and (Children) (Pool of Perpetrators), Re R (Children: Findings of Fact) [2024]
• Appeal: YM (Care Proceedings) (Clarification of Reasons) [2024]
• Dismissal of Care Proceedings H-L (Children - Summary Dismissal of Care Proceedings)