Shaken Baby and Non-Accidental Injury
Social Services have a duty to investigate and to take action to protect a child whenever an allegation of physical, emotional, or sexual harm is made. This also includes instances where Shaken Baby Syndrome or non-accidental injury are suspected.
The consequences for a parent accused of inflicting non-accidental injuries on their child are extremely serious and it is vital to seek legal advice at the earliest possible opportunity.
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What is Shaken Baby Syndrome?
In the simplest terms, Shaken Baby Syndrome is a brain injury that has been inflicted. It is most commonly caused by a person forcefully shaking an infant or young child. This action causes the child’s brain to move back and forth inside their skull.
Shaken Baby Syndrome – now more commonly referred to as a non-accidental head injury (NAHI) – is mostly diagnosed when a child has sustained a serious head injury and there is no obvious cause (for example, a child being involved in a road traffic accident). .
More about Shaken Baby Syndrome
Three key findings (known as the triad) may indicate that a child’s injury was sustained through being shaken. These injuries include:
Retinal bleeding (bleeding behind the eyes)
Hypoxaemic encephalopathy (swelling of the brain)
Subdural haemorrhage (bleeding on the brain)
Injuries can also include:
Damage to the spine
Damage to the neck
As Shaken Baby Syndrome may not present any obvious external injuries (such as a head wound or bruising), it’s important for parents, care givers and medical professionals to look out for potential symptoms and indicators of SBS.
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How injuries will be assessed
If a child is taken to hospital, their symptoms will be assessed and investigated. In cases where medical experts suspect abuse or identify symptoms that indicate an infant may have been deliberately and forcefully shaken, they will make an immediate referral to the local authority to inform them of the incident. When investigating the referral, other factors will also be considered by social services and medical professionals. These include whether the child or their siblings are subject to a child protection plan, the child’s medical history, the parent’s behaviour and whether there are any issues with abuse and addiction in the home.
What is a non-accidental injury?
A non-accidental injury is a broad term, given to any injury that was inflicted. This can include:
Non-accidental head injuries (NAHI)
Damage to the skin
Damage to the bones
Damage to the eyes
Damage to the genitals
Induced illnesses
If you’ve sought medical attention for an injury that cannot be explained satisfactorily, social services may become involved and care proceedings could be issued.
How Nash & Co Solicitors can help
At Nash & Co Solicitors, our legal representatives specialise in acting on behalf of parents who have been accused of inflicting a non-accidental injury or causing Shaken Baby Syndrome. We have experienced Solicitor-Advocates* and members of the specialist Law Society Children’s Panel who can represent you and assist you through every step of the proceedings. We will consider with you whether applications should be made for independent medical experts to re-consider the medical evidence presented by the treating doctors and will aim to reunite your family.
* A Solicitor Advocate is, in basic terms, someone who is fully qualified as a solicitor but has gained the same rights as a barrister by obtaining an extra qualification.
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If your enquiry is urgent then please call us on 01752 827024.
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